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San Francisco Public Library 






SAN 

REFERENCE BOOK 






Not to be taken from the Library 



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SAN FRANCISCO ARTS COMMISSION 



STREET ARTISTS PROGRAM COMMITTEE 



AGENDAS AND MINUTES 



1 982 - 1 984 



3 1223 06257 1204 
3 1223 06257 1253 
3 1223 06257 1311 
3 1223 06257 1329 



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STREET ARTISTS PROGRAM COMMITTEE 



RECOMMENDATIONS FROM MAY 25, 198 2 MEET ING 
_^_ 1 

C foi*\jJkA J TO ART COMMISSION 









FOR CONSENT CALENDAR: 



I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Deborah Ilorst - Certificate #2576 expired March 10, 1982; sent 
payment for renewal April 1, 1982. 

APPROVAL 



II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Michael Lenx/i. - applied for certificate in February, 1979, 

and was notified January 20, 198l to respond as to whether 
he was still interested in obtaining a certificate; he 
did not respond until April 16, 1982, when he requested 
consideration for priority above the waiting list in is- 
suance of a certificate. 

DISAPPROVAL 



III BALLOT MEASURE TO AMEND SECTION 6 OF PROPOSITION "L" (1975 ELECTION) 
BY PROVIDING FOR CERTIFICATE FEE OF S28.00 PER QUARTER OR ft 112700 
PER YEAR; BY PROVIDING THE STREET ARTIST WITH OPTION TO PURCHASE 
QUARTERLY OR YEARLY CERTIFICATE; AND BY PROVIDING FOR BOARD OF 
SUPERVISORS TO INCREASE FEE WHEN NECESSARY TO MAINTAIN ADMINISTRA- 
TION AND ENFORCEMENT OF STREET ARTISTS PROGRAM 

(At present, the certificate fee, fixed by Proposition "L", is 
#20. 00 for a three-month certificate; there is no provision for 
the artist to purchase a yearly certificate; there is no pro- 
vision for the Board of Supervisors to increase the fee.) 

APPROVAL 



\t^t% 



^ ART COMMISSION STREET ARTISTS PROGRAM COMMITTEE uQGUMENTS DEPT. 

June 23, 1982 |||| rt \ W 
Commission Room, Main Library 

Larkin & McAllister Streets SAN FHAWCi^OO 

San Francisco PUCUC LIBRARY. 

& MINUTES 

Chairman Taliaferro called the meeting to order at 10:00 a.m. 
Present: Commissioners Taliaferro, Mayer, Goerner. 

I REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Richard Z. Watson - applied April - May, 1980, and was notified 
September 23, 198l for screening; office received his letter 
on April 21, 1982, requesting a hearing for priority. Mr. 
Watson did not appear at the hearing. No action was taken. 

B. Christine Barnes - applied during July - October, 1979, and was 
notified February 27, 198l; notification was returned to office; 
Ms. Barnes requested a hearing May 13, 1982; Committee met with 
her May 25th. Ms. Barnes appeared and presented medical docu- 
mentation supporting her absence from the Program. Commissioner 
Mayer moved that Ms. Barnes' request for priority in issuance 
of certificate be approved. The motion was seconded by Commis- 
sioner Goerner and unanimously approved. 

II HEARING ON ESTABLISHING AN ORDINANCE FOR STREET PERFORMERS (continued 
from May 25 meeting) 

Attending the hearing were John Timonthy, spokesman for several 
performers, Lloyd Pflueger, General Manager of the Downtown Associa- 
tion, and Captain Victor Macia and Officer West, Central Station, and 
Officer Lamont Suslow, Permit Section, San Francisco Police Department. 

Mr. Timothy and the other performers informed the Committee of 
their efforts at crowd control. They presented a set of guidelines 
for performers, as agreed upon by themselves, the Police, and the 
Fisherman's Wharf merchants. They told the Commissioners that, in 
practice, most of the performers follow the guidelines. Commissioner 
Taliaferro asked if they felt the performers should rotate their loca- 
tions; they answered that it might become necessary in order to accom- 
modate the numbers of transient performers in July and August, but 
not necessary the rest of the year. 

Program Director Lazar informed the Committee that, just before 
the meeting, Officers West and Suslow and he had met with Deputy City 
Attorney Teichman on the performer's guidelines, the Art Commission's 
involvement with performers, and whether there was a necessity for an 
ordinance. All parties, it appeared, were willing to attempt an alter- 



Continued. 



2 48543 SFPL: ECONO JRS 
133 SFPL 09/27/02 115 



STREET ARTISTS PROGRAM COMMITTEE Page 2 

6/23/82 Minutes 



native to an ordinance; and Ms. Teichman had applauded the efforts of 
the Police, the merchants, and the performers. Under this alternative 
system, the Art Commission would act as an "agency" registering per- 
fonnerfi and handing them the set of guidelines as well as a card 
attesting to the fact that they have received the guidelines. In the 
Art Commission's registry, the performers could sign a statement author- 
izing the Commission to give out their telephone numbers (for possible 
jobs). Ms. Teichman made it clear that there was no legal requirement 
for the performers to register. Ms. Teichman had prepared a resolution 
for action by the Commission. 

Commissioner Mayer moved that the Art Commission adopt the follow- 
ing resolution; the motion was seconded by Commissioner Goerner and 
unanimously approved. The recommended resolution is as follows: 

WHEREAS there has been a significant problem with 
sidewalk congestion in the Fisherman's Wharf area with 
respect to street performers; and 

WHEREAS the performers, the Police Department, and the 
merchants of the Wharf area have considered the problem and 
prepared a sot of guidelines to alleviate it; and 

WHEREAS street performing is a long-standing and color- 
ful tradition in San Francisco which should be preserved, 

NOW, THEREFORE, BE IT RESOLVED that the Art Commission 
congratulates the street performers, the Police Department, 
and the merchants on their efforts, and hereby endorses 
these efforts to resolve the problem on a voluntary basis, 
and, 

BE IT FURTHER RESOLVED that the Art Commission recom- 
mends the guidelines prepared by the parties to all street 
performers in San Francisco, and 

BE IT FURTHER RESOLVED that the Art Commission authorizes 
the Director of Cultural Affairs to make the good offices 
of the Art Commission available to support this effort. 

The performers present said they had formed an association and 
would take responsibility in informing all performers to obtain the 
guidelines; they would ascertain that all performers had their cards 
and would tell others to obtain theirs at the Art Commission. 

Captain Macia said that his department planned to meet with the 
performers frequently. The last resort, he said, is the citation 
and arrest procedure, but his department had wanted to avoid that. 

Chairman Taliaferro clarified that the Commission would be dealing 
with fifteen to twenty performers at the Wharf, as opposed to the 
several hundred street artists of the Street Artists Program. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE Page 3 

6/23/82 Minutes 

III HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 
2'i.l, AND AMENDING ARTICLE 2*1.2 POLICE CODE TO INCORPORATE 
PERTINENT PROVISIONS OF ARTICLE 2^.1 (continued from April 27 
meeting) 

Mr. Lloyd Pflueger of the Downtown Association told the Committee 
that his organization wanted to be certain that the street artists 
continue to operate under the present regulations until the regulations 
are changed. 

Commissioner Goerner requested that the matter be held over for 
the next thirty days to allow for the artists to continue their meetings 
with the merchants in seeking a resolution to the issue of additional 
spaces in the Wharf area. The other Commissioners agreed that it be 
held over. 

IV DIRECTOR'S REPORT OF MONITORING STREET ARTIST ACTIVITIES 

Program Director Lazar discussed the lack of adherance to the 
Art Commission's criteria on the part of many of the displays observed 
in the Downtown area* In contrast, he said, most of the displays at 
the Wharf adhered to the rules, except for the most salient craft: 
beadcraft. He presented photographs taken of thirteen alleged viola- 
tions of beadcraft criteria ( thirteen displays) which showed pendants^ 
and crystals allegedly not made by the artists selling them. 

Street artist William Clark called for a cleaning up of the imported 
brass bracelts being sold. 

Mr. Lazar informed the Committee that he intended to write to 
each of the persons whose wares were depicted in the photos, informing 
them that the Commission had on record photos of alleged violation 
and warning them that if the alleged violation persisted, they would 
be notified for a certificate revocation hearing. Mr. Lazar asked the 
Committee whether the artists should be allotted one or two written 
earnings. Commissioners Goerner and Taliaferro replied that there 
should be no warnings issued, as the rules had been published for some 
time, and that Mr. Lazar should notify the individuals for a hearing. 

V CERTIFICATE RENEWAL POLICY 

Director Lazar said that since the Assistant Director and he were 
out of the office a good deal of time inspecting wares on the street, 
there would be a hardship on artists coming to the office to renew and 
finding no one there. He submitted a proposal for a new renewal policy, 
as had been suggested by a street artist. Commissioner Goerner moved 
that the Committee recommend the following policy; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. The 
recommendation is as follows: 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE Page 4 

6/23/82 Minutes 



CERTIFICATE RENEWAL PROCEDURE : Whenever a street artist 
comes to the Street Artists Program office for renewal of 
certificate, the artist may sign and leave on file two blank 
certificate cards and necessary postage for mailing of the 
cards; upon receipt of the artist's mailed payment for each 
of the next two renewals, the staff shall validate and laminate 
the signed card and shall mail it to the artist. 

VI WILLIAM CLARK AND CLARENCE STANBROUGH DISPUTE OVER SALES SPACE 

Director La/.ar informed the Committee that on June 11th street 
artist William Clark had submitted a report on the behavior of street 
artist Clarence Stanbrough in the selection of a sales space (Lazar 
had sent copies of the report to the Commissioners). 

Mr. Clark explained his version of the events. He said he had 
refrained from calling the Police because he had not been interested 
in having Mr. Stanbrough arrested. He said he was more interested 
in having the lottery's space-occupancy rule clarified for Mr. Stan- 
brough' s benefit. He added that he did not feel there was a need 
for punishment, but that since he (Mr. Clark) had lost his space 
for that day, he requested that he be given a choice of spaces at 
bhe following Thursday's lottery. 

Mr. Stanbrough explained his version of events. 
He requested a clarification of "display": What constitutes a display 
- merely a vacant table, or the artist selling behind it? He said 
he occupied Clark's space because it was not being used until Mr. 
Clark came down at 2:30 to claim it. 

Chairman Taliaferro requested Mr. Lazar to meet with the Lottery 
Committee and look at the language of the rule; if it needs to be 
revised, it should be placed on next month's agenda. The Commissioner 
recommended that Mr. Clark not be granted special privelege in the 
lottery. 

Commissioner Goerner said that the Program Committee would not 
adjudicate personal disputes, and that he was concerned over whether 
the Program would operate in an adult manner or merit stronger enforce- 
ment. 

V!1I APPEAL BY JIN KUN SUH OF ADVISORY COMMITTEE RECOMMENDATION 

Director Lazar informed the Committee that the Advisory Committee 
of Street Artists and Craftsmen Examiners had examined samples of bead- 
work and kites shown by applicant Jin Kun Suh and had recommended 
denial of certification. According to the Program's Assistant Director, 
Mr. Suh, at his screening, had requested to appeal the recommendation 
to the Program Committee. Mr. Suh was sent a letter an an agenda to 
appear at the meeting. He did not appear. No action was taken. 

The meeting adjourned at 11:30 a.m. 






Respectfully submitted: 

Howard Lazar, Street Artists Program 



City and County of San Francisco 




STREET ARTISTS PROGRAM COMMITTEE 



Art Commission 

DOCUMENTS DEPT\ 

.11 li 1 5 TO 



Commissioners 



Roselyne Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Blanche Brown 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Mayor Dianne Feinstein 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 

Joan Ellison 
Director of 
Cultural Affairs 



Wednesday, July 28, 1982 
10:00 a.m. ^ 

Main Library - Lurie Room (1st floor) 
Larkin & McAllister Streets 
San Francisco 



saw franc;.. 
pu cl!c library 



<e 



AGENDA 



ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS: 
FINDINGS ON CRAFT VIOLATION REVIEWS 7/27/82 



A. Gat Wah Lee Chen 

B. Kathie Lou Eldridge 

C. Mark Mandzik 

D. E. W. Sky 

E. Tad Sky 

F. Latifa Rainbow 

G. Suey Wah Lee Wu 
H. Kam Wan Wu 

I. Yu Chun Ngan Suen 
J. Chik Yuk Suen 
K. Helen I-Wu Chien 



Alleged Violation: One or more items 
displayed do not meet Art Comm. criteria 
(beadstringing criteria) 



II HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 
2k. 1, AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE 
PERTINENT PROVISIONS OF ARTICLE 24.1 (continued from 6/23 meeting) 



(415) 558-3463 



III REQUEST BY FORMER CERTIFICATE HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Jeannie Mak - Certificate # 2712 expired May 25, 1982; 
Ms. Mak came to office June 25, 1982. 

IV COMPLAINT BY WILLIAM CLARK AGAINST VICKY CARP AND DONALD KARR 

RE: ALLEGED VIOLATIONS OF LOTTERY RULES 



V NEW BUSINESS 

693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



City ?nd County of San Francisco 

SP 

I Hanne Feinstein 

*i 



Art Commission 




.loan Ellison 
DIRECTOR 



-7/zf/Sr ^ 



Commissioners 



ko'.rlyin' ( Swim 
President 

hinilri Vinli'iisky Jr 
Vice Prcsidenl 

Vrrin >ii Alley 
I imothy hunctin 
Fredrfc k Gocrnei 
Robert LaRocca 

Ku h.irti M.ivit 
Jacqueline Nemerovski 
William Paterson 
I'irir) Palri 

IVlei HodriHiHV 
K.i' I .ili.ili'iii i 

I v ( HfiCIO Members 

I 'residents dI I hi 1 

I nil- Arls Museums 
Library Commission 
Planning Commission 
Recreation and Park 
( iiuiinssK hi 



STREET ARTH>T."> PU'OGRAM COMMJTTKI'', 

Wednesday , July 28, 1982 
Main Library - Lurie Room 
Larkin & McAllister Streets 
San Francisco, California 



-A/CUMENTSDEPT. 
AUG 1 7 1982 

SAN FRANCISCO 



MINUTES 



5>v 



Commissioners Present: Taliaferro and Goerner. Absent: Mayer. 

The meeting convened at 10:07 a.m. 

I HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 24 

AND 24.1, AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE 
PERTINENT PROVISIONS OF ARTICLE 2^.1 (continued from June 23rd 
meeting) 

The Committee heard from various street artists. Mr. Mitch 
Paradise snid that the Street Artists A; ;;;oc itttion had never 
been consulted in the drafting of the proposed legislation, that 
he questioned the legislation's inclusion of the "handcrafted 
item" definition, and that an amendment to the "Kopp Ordinance" 
should not be passed without consideration of "redesigning" 
existing space at Fisherman's Wharf. Ms. Linda Stark wanted 
to see language that would provide for an exception to the 
size regulations, and that the language on Page 10 of the 
draft would need to be broadened. She said also that many spaces 
no longer comply with the law due to the repainting of adjacent 
curbs. Mr. Dale Axelrod wanted to address the issue of having 
umbrellas on displays* Mr. Paradise: asked that the Art Commis- 
sion meet with street artists on legislation; the present draft, 
he said, would be "wholly counter-productive" if it were to go 
to the Board of Supervisors. 

Street artist Don Karr said that Mr. Margolin, attorney, 
had offered to meet with all parties concerned and the City 
Attorney to make the legislation more workable. 

Chairman Taliaferro asked if the Police Department was 
satisfied with the language of the draft. Officer Larnont Susslow 
responded in the affirmative. 

Street artist Denise Florian said that the artists were 
not asking for more spaces but were asking that some of the 
spaces that were lost through the years be replaced. 

Mr. Alan Young of the Cliff House said he saw no reason 



Continued. 



(415) 556-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



STREET ARTISTS PROGRAM COMMITTEE Page 2 

7/28/82 Minutes 



why the Art Commission should negotiate for spaces; he asked why the 
street artists could not rent spaces. 

Commissioner Goerner stated that much of the recent discussion 
with the Wharf merchants centered around the parking situation, He 
asked the artists if there had been steps taken to alleviate it. 

M;;. Stark replied that a number of artists refuse to move their 
car-.;, while others feel that parking is a minor issue, and unlet;;; the 
parking law is enforced they will continue to park there. 

Commissioner Goerner said that it appeared that the efforts at 
.self-policing have not worked, and that the only method that would 
work is police enforcement. 

Ms. Stark reported that at the meeting with the Wharf merchants 
there were two suggestions made: (l) request the Art Commission to 
establish a moratorium on the issuance of certificates; and (2) that 
action be pursued with the City Attorney's office on the alleged 
violation by Longshoreman's Union, of the zoning ordinance, by allowing 
vendor:; to display their wares on Longshoreman ' s Union parking lot. 

Commissioner Goerner added that the merchants had suggested that 
additional effort be made to enforce the regulations pertinent to the 
work offered for sale, and that this would ease the situation. 

Chairman Taliaferro moved that the issue be put over for thirty 
days to enable the merchants to speak about the legislative draft, 
and the merchants and the artists to meet. The motion was seconded 
by Commissioner Goerner and unanimously approved by the Committee. 

Chairman Taliaferro asked Program Director Lassar to contact the 
merchant groups - Mr. Pflueger of the Downtown Association and Mr. 
Flannigan and Mr. Martin of the Fisherman's Wharf Merchants Association, 
and Mr. Young of the Cliff House - as well as Mr. Margolin and Deputy 
City Attorney Teichman. 

Street artist William Clark requested that his proposal signed 
by twenty-five artists be forwarded with the legislation to the 
merchants. Commissioners Taliaferro and Goerner directed Mr. Lazar 
t o do so . 

Street artist Dale Axelrod asked if it was the Committee's 
intention to upgrade the Program in the sense that people? make the 
work they sell. Chairman Taliaferro replied in the affirmative. 

Street Art Inspector Jacqueline Hamilton said that she found 
most of the artists more than willing to comply with the Program's 
criteria; one of the problems she saw, however, in enforcement is 
the lengthy duration of the appeal process which allows violations 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 3 

7/28/82 Minut 



to continue until Art Commission resolution. In other code enforcement, 
she said, violators are instantly cil<;d and not allowed to continue 
their practice until a decision is reached through the hearing process. 

Program Director Lazar commented that the present street artist 
hearing procedure takes about a month plus ten days allowance for 
the artist to appeal to the Board of Permit Appeals. 

11 ADVISORY COMMITTEE OE STREET ARTISTS AND CRAETSMEN EXAMINERS: FINDINGS 
ON CRAET VIOLATION REVIEWS 7/27/82 

(Photographs of the displays of the following cases were taken by the 
Program staff at Fisherman's Wharf on June 22, 1982, and, at the request 
of the Program Committee, were referred to the Advisory Committee for 
review and findings. The alleged violation for all was Street Artist 
Violation II: "One or more items displayed do not meet Art Commission 
criteria"; the criteria in question was "beadstringing" and specifically 
the display of pendants allegedly not made by the artist.) 

Ms. Patricia O'Connor of the Advisory -ommittee commented on each 
case. Commissioners Taliaferro and Goerner examined the photographs 
taken at the sales site and at the artist's hearing with the Advisory 
Committee. The Commissioners also examined samples of work. 

A. Gat Wah Lee Chen . Mr. Kam Wan Wu translated for Ms. Chen. Accord- 
ing to the Advisory Committee's findings, Ms. Chen displayed com- 
mercially manufactured pendants in the work shown to the Advisory 
Committee as well as in the photograph taken at her site. The Ad- 
visory Committee's finding: Violation II. 

Chairman Taliaferro moved that Ms. Chen was in violation, Sir' 
Artist Violation II, but that the penalty be suspended due to her 
lack of understanding of the criteria. The motion was seconded 
by Commissioner Goerner and unanimously approved by the Committee. 

H. Kathie Lou Eldridge . Ms. Eldridge told the Program Committee that 
the on-site photo was a photo of her work. She had shown the Ad- 
visory Committee beaded necklaces and earrings that were found 
acceptable; however, the on-site photo, according to the Advisory 
Committee, indicated a violation because of the display of crystals. 
Ms. Eldridge had submitted handpainted crystals to the Advisory 
Committee, but the Committee had not felt that this constituted 
a "handcrafted item." 

Chairman Taliaferro moved that Ms. Eldridge be found in violation, 
Street Artist Violation II, but the penalty be suspended. The 
motion was seconded by Commissioner Goerner and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page k 

7/28/82 Minutes 



C. Mark Mandzik. Mr. Mandzik submitted a photo of his display, taken 
by himself which included work other than beadcraft. He told 
Program Committee that he would not sell the pendants in question. 
The Advisory Committee had found that he was in violation with 
regard to the work he had submitted to the Committee as well 

the work depicted in the on-site photo. 

Chairman Taliaferro moved that Mr. Mandzik be found in violation, 
Street Artist Violation II, but that the penalty be (suspended. 
motion was seconded by Commissioner Coerner and unanimously approved. 

D. E . W . Sky . Director Lazar reported that Ms. Sky had submitted a 
letter requesting postponement of her hearing due to her having 
to be out of town. She will be notified for the next Advisory 
Committee and Program Committee hearings. 

E. Tad Sky . Mr. Lazar reported that no letter had been received from 
Mr. Sky, but that he had not appeared at his Advisory Commit! ■ 
hearing. He was not present at the Program Committee meeting. 

He would be notified for the following month's Beatings. 

F. Latifa Rainbow . Mr. Lazar reported that no letter had been received 
from Ms. Rainbow; she had not appeared at the Advisory Committee 

iring, nor was she present at the Program Committee hearing. She 
would be notified for the following month's hearings. 

G. Suey Wah Lee Wu . According to the Advisory Committee, Mrs. Wu's 
work, when examined, appeared in violation due to their pendants; 
these were depicted also in the on-site photo. 

Chairman Taliaferro moved that Mrs. Wu be found in violation, Street 
Artist Violation II, but that the penalty be suspended. The motion 
was seconded by Commissioner Goerner and unanimously approved. 

H. Kam Wan Wu . The Advisory Committee had found Mr. Wu's work to be 
similar to his wife's and applied the same finding (see above). 

Chairman Taliaferro moved that Mr. Wu be found in violation, Street 
Artist Violation II, but that the penalty be suspended. The motion 
Was seconded by Commissioner Goerner and unanimously approved. 

I. Yu Chun Ngan Suen . According to the Advisory Committee, the on- 
site photo showed a violation with regard to the pendants. The 
work submitted by Mrs. Suen was acceptable. Both she and her 
hunband, Chik Yuk Suen, had told the Advisory Committee that they 
would no longer sell necklaces with commercial pendants. 

Chairman Taliaferro moved that Mrs. Suen be found in violation, 
Street Artist Violation II, but that the penalty be suspended. 
The motion was seconded by Commissioner Goerner and unanimously 
approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 5 

7/28/82 Minutes 



J. Chik Yuk Suen . (See above findings of the Advisory Committee for 

Mr. Suen's wife, Yu Chun Ngan Suen, the work belongir^ to them both.) 
Chairman Taliaferro moved that Mr. Suen be found in violation, Street 
Artist Violation II, but that the penalty be suspended. The motion 
was seconded by Commissioner Goerner and unanimously approved. 

K. Union I-Wu Chi en . The Advisory Committee had found that some of Ms. 

Chien's work showed a violation regarding the display of commercial 

cloisonne pendants and some solid strands of beads: "beads can be 

bought in solid strands and evidently she just re-strung the beads." 

Chairman Taliaferro moved that Ms. Chien be found in violation, 
Street Artist Violation II, but that the penalty be suspended. The 
motion was seconded by Commissioner Goerner and unanimously approved. 

III REQUEST BY FORMER CERTIFICATE -HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Jeannie Mak. Ms. Mak's Certificate #2712 had expired May 25, 1982; 
she came to the office on June 25 1 1982, to try to renew. Ms. Mak 
Lold the Commissioners that she had been confused by the month, and 
and that was why she had come in on the exact day. Chairman Talia- 
ferro moved that Ms. Mak's request for priority be approved. The 
motion was seconded by Commissioner Goerner and unanimously approved. 

IV COMPLAINT BY WILLIAM CLARK AGAINST VICKY CARP AND DONALD KARR RE: ALLEGED 

VIOLATIONS OF LOTTERY RULES AND ITEMS FOR SALE 

Street artist William Clark told the Committee that it was not his 
intent for Ms. Carp and Mr. Karr to be punished, but that there was a 
real problem dealing with the rules governing allocation of spaces. He 
said the Art Commission had to involve itself in stopping the conflicts 
on the street, arising from space allocation. He suggested the Committee 
review the guidelines for allocation procedure regarding unused spaces 
at 12 noon. He also requested that the Art Inspector enforce the display 
of certificates and lottery slips. 

Commissioner Goerner noted that, according to Mr. Clark's letter, 
Mr. Clark had declined to meet with the Lottery Committee. Mr. Clark 
responded that he felt the Street Artists Program Committee was the 
proper forum for discussion of this situation. 

Ms. Karen Hansen of the Cliff House Glassblowers said she heard 
that the Lottery Committee was a tightknit group wno intimidated many 
artists. 

Mr. Karr said that he felt Mr. Clark was continuing to harrass 
him, as he and Mr. Clark had a history of hostility. He asked that 
Mr. Clark submit proof of Mr. Karr's "cheating" the lottery. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 6 

7/28/82 



Chairman Taliaferro recommnded that the 12 noon lottery rule 
be discussed, lie moved that the alleged charges concerning Ms. War; 
work be dismissed, and that the Program Committee consider the lottery 
12 noon rule under "New Business." The motion was seconded by Commis- 
sioner Goerner and unanimously approved. Chairman Taliaferro clarified 
that Ms. Carp's work would be checked by the Art Inspector on the street 
and, if necessary, be submitted in the normal hearing procedure. 

NEW BUSINESS 



1. » ■ 



Chairman Taliaferro welcomed the new Street Art Inspector, Mi 
Jacqueline Hamilton, to the Program. He said she would be expected 
to enforce the law "to the letter." If there shall be mitigating 
circumstances, it would be the Program Committee's responsibility to 
consider them. 

Chairman Taliaferro read the Lottery's "12 NOON RULE." 

Several street artists stated that they generally retain their 
lottery slips in order to present them to the Police upon request. 
Street artist Mitch Paradise said thai cases of conflict over spaces 
are infrequent, that the lottery operates smoothly, and that less 
rules were needed. Street artist Dale Axelrod said that less rules 
allowed certain people to sell seven days a week. Another artist said 
more rules were needed. 

Chairman Taliaferro requested that the Lottery Committee hold a 
meeting on this issue within the next thirty days and to report back 
to the Program Committee. He asked Mr. Clark to attend the meeting; 
Mr. Clark said he would. 

Under new business, Mr. Axelrod raised the issue of having an 
umbrella on a display; \> d he was threatened by a local offic< 

for having an umbrella because this exceeded the five-foot height 
limit. Chairman Taliaferro said this issue would be considered for 
inclusion in the legislative draft. 

Under new business, Program Director Lazar presented a lottery 
proposal submitted by Mr. Clark. Chairman Taliaferro asked that this 
proposal, too, be taken up at the lottery meeting. 

The meeting adjourned at 12:20 p.m. 

Respectfully submitted; 



Howard Lazar ^ 

Director 

Street Artists Program 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 

£70,15 MAYOR 



Joan Ellison 
DIRECTOR 



Commissioners 



Koselynr C. Swi<) 

l'li-M(l<'lll 

Uiniln Veclensky. Jr. 
Vice President 

Vernon Alley 
Timothy Uuncan 
Fredrick Goerner 
Roheri LaRocca 
Richard Mayer 
■ ).\( queline Nemerovski 
Willicim Paterson 
Piero Piiin 
Peler Rodriguez 
K.iv Taliaferro 

fix Officio Members 

Presidents of the 

I ine Arts Museums 
Library Commission 
Planmny Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 



DOCUMENTS DEPT. 

AUG 1 2 1982 



Tuesday, August 2k, 1982 

10:00 a.m. <§£, 

Public Library - Golden Gate Branch 

1801 Green Street (at Octavia) 

San Francisco 



pit "-"APV 



^ 



AGENDA 



ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 

A. Findings on Craft Violation Reviews of 8/17/82 

Tad Sky - Alleged Violation: One or more items displayed do 

not meet Art Commission Criteria (beadstringing/ 
pendant criteria) 



E. W. Sky - 



ii ii 



Latifa Rainbow - M " " " " " 
B. Recommendations on Criteria for Engraving (hearing of 8/17/82) 

II HEARING ON LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 

2*+.l, AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE 
PERTINENT PROVISIONS OF ARTICLE 24.1 (continued from 7/28 mtg. ) 

III LOTTERY COMMITTEE 

A. Clarification of "12 Noon Rule " 

B. Recommendations re: proposal for lottery procedure submitted 

by William Clark 

IV NEW BUSINESS 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



City and County off San Francisco 

A10.1S 



Art Commission 




<r> STREET ARTISTS PROGRAM COMMITTEE 



Commissioners 



Roselyne Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
blanche Brown 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Mayor Dianne Feinstein 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 

Joan Ellison 
Director of 
Cultural Affairs 



Thursday, September 23, 1982 
10:00 a.m. 

Public Health Building, Room 300 
101 Grove Street (at Polk), 
San Francisco 

^s AGENDA 



DOCUMENTS DEPT. 

SEP 2 1982 

fife! WSgw 



'^°APV 



I ENFORCEMENT PROVISION/AMENDMENT TO SECTION 2 z tl0(a) 1 FOURTH 
LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 2*t.l 
AND AMENDING ARTICLE 2k. 2 POLICE CODE TO INCORPORATE PERTINENT 
PROVISIONS OF ARTCILE 24.1 

II ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 

A. Amendment to Language: Pendant Criteria 

B. Criteria for Engraving 

III REQUEST BY FORME?. CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Brigitte Korn - Certificate # 26V3 expired August 2, 1982; 
Ms. Korn notified Program September 2, 1982 (last day 
for renewing certificate was August 16). 

IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Louis C. Welsh - applied October 16, 1978 and was mailed 

notice in August, 1980; notice was returned to Program. 

B. Jack LaRue - applied October 29, 1980 and was mailed notice 

in February, 1982; notice was returned to Program. 

C. Gin Ku - applied February 2b, 198l, and received notice 

mailed May 13, 1982; Mr. Ku responded by telephone 
but staff did not record the date of his response 
and did not schedule him for screening. 

V REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Elgin Tesseraux - applied April, 198l; requests postponement 

until spring, 1983* 

B. Noriko Hat ami - applied May, 198l; requests postponement 

until June, 1983. 

(Continued on reverse side) 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



STREET ARTISTS PROGRAM COMMITTEE 9/23/82 - Continued 



' VI REQUEST BY CERTIFICATE-HOLDER FOR EXTENDED PERIOD OF MAIL- 
RENEWALS " ~ ~" ~ 

A. Frank Walker - request for one year extension for mail-renewal 

beyond the allotted two consecutive renewals. 

B. Jaime Perez and Virginia Travers - request by Mrs. Perez to 

renew on artists 1 behalf for a third renewal until the 
artists' return from Spain. 

VII NEW BUSINESS 



* * * 






City and County of San Francisco 



Art Commission 




Commissioners 



Roselyne C. Swig 
President 



Dianne Feinstein 
MAYOR 



Joan Ellison 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 

September 23, 1982 

Public Health Building, Room 300 

101 Grove Street, San Francisco 

MINUTES 



Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
K.iy Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Present: Commissioners Taliaferro, Mayer, Goerner 

Chairman Taliaferro called the meeting to order at 10:16 a.m. 

I ENFORCEMENT PROVISION/AMENDMENT TO SECTION 2*fl0(a) , FOURTH 

LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 2^.1 
AND AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE PERTINENT 
PROVISIONS OF ARTICLE 24.1 

The Chairman stated that Mr. Ephraim Margolin, attorney 
for the Street Artists Association, had submitted a written 
request to the Art Commission for some modifications to the 
legislative draft. The Art Commission referred the legisla- 
tion back to the Program Committee. 

The Chairman said that one of Mr. Margolin's objections 
was over the inclusion of the Art Commission's definition of 
"Handcrafted Item": "An item which consists of components 
predominantly created or altered in form by the street artist." 
At its meeting of August 2^+th, the Program Committee had recom- 
mended that the definition be stated: "An item which consists 
of a_ component or components predominantly created or altered 
in form by the street artist." The Chairman reported that Mr. 
Margolin's suggested definition was "an item predominantly 
created or significantly altered in form by the street artist." 

Advisory Committee of Street Artists and Craftsmen Examiners 
member Pat O'Connor stated that the suggested definition would 
offer her Committee more latitude in subjectivity. 

Commissioner Mayer stated that the Advisory Committee 
would be able to determine that an item does not fulfill the 
criteria if it is so influenced by a component not made by 
the artist. 

Street Artist Dale Axelrod requested that the "component" 
provision be retained; without it, he said, artists would be 
using components made by someone else. 

Commissioner Mayer said that there were many examples of 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



Continued 

SAN FRANCISCO, 94105 



STREET ARTISTS PROGRAM COMMITTEE Page 2 

9/23/82 Minutes 



art that included one or more components not made by the artist, and 
these items could be considered "works of art." He welcomed the new 
definition because he felt it provided more latitude for the Advisory 
Committee and could result in a higher quality of art on the street. 

Commissioner Mayer moved that the definition of "Handcrafted 
Item" submitted by Mr. Margolin and the Street Artists Association, 
replace the definition in the legislative draft (page 8, Section 2^01). 
The motion was seconded by Commissioner Goerner and unanimously approved. 

Chairman Taliaferro reported that the second recommendation from Mr. 
Margolin was a provision for the Board of Supervisors to have flexibility 
in all the provisions of Section 2^05 Regulations for Street Artists . 
At the August 24th meeting, the Program Committee had recommended 
flexibility in the size of display and in the event of a change of 
curb zone. Now the Association was requesting provision for the Super- 
visors to be able to modify the footage requirements as well. The 
Chairman felt that, inasmuch ao the Supervisors would have to hold a 
hearing on any modification, such a provision would be in keeping with 
the democratic process. 

Commissioner Mayer moved that the legislation include flexibility 
in all provisions of Section 2405. The motion was seconded by Commis- 
sioner Goerner. 

Mr. Lloyd Pflueger, General Manager of the Downtown Association, 
stated that the present "Kopp Ordinance" (Article 2^.2) is "very sacred" 
to his association, as they had worked closely with the Fire Department 
and the Board of Supervisors on it. He said that the Board can change 
the provisions any time. He proposed that it be stated that any changes 
shall be made on an individual, case-by-case basis. 

Mr. Axelrod said that by not providing for a minimal footage for 
spaces, the artists would be jeopardized by the possibility of the 
Supervisors narrowing the spaces. He asked whether the Art Commission 
would play an advocacy role for artists of different crafts. 

Chairman Taliaferro replied that, in the event of proposed changes, 
the Board of Supervisors would ask the Art Commission for its views, 
and the Commission would, in turn, hold a hearing and report to the 
Board. 

Mr. Pat Flanigan, President of the Fisherman's Wharf Merchants 
Association, questioned the need for the "flexibility" provision since 
the Supervisors may exercise such powers now. He added that the "Kopp 
Ordinance" was meant to ensure public safety and to place controls on 
the street artists. 

Ms. Linda Stark, President of the Street Artists Association, 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 3 

9/23/82 Minutes 



stated that they were not asking for blanket approval over all spaces, 
and that in the future a proposal for temporary spaces would be forth- 
coming. 

Commissioner Mayer withdrew his original motion and moved that 
the legislation not include flexibility in the provisions of Section 
2^05. The motion was seconded by Commissioner Goerner and unanimously 
approved. 

Commissioner Mayer moved that Recommendations #2 and //3 of the 
Program Committee's August 24, 1982 meeting be withdrawn. The motion 
was seconded by Commissioner Goerner and unanimously approved. 

Chairman Taliaferro said that the third recommendation from Mr. 
Margolin and the Street Artists Association was for a provision 
specifying the offenses that would constitute an infraction and those 
a misdemeanor. (At its last meeting, the Program Committee voted for 
such a provision.) The Chairman stated that he felt the section (Section 
2^10) should be left in its general terms so that misdemeanors could be 
reduced to infractions. 

Ms. Stark said she felt the punishment of a misdemeanor far outweighed 
a street artist "crime," and that 90% of the violations should be con- 
sidered as infractions. She said that the day before, however, an artist 
was held in jail for four hours for having had an oversized display. 
She said that the Association's attorney had advised that the section 
be left in general terms as many cases could be tossed out of court. 
However, she said, if the section were left in general terms, it would 
leave too much power in the hands of the Police. The artists do not 
like living with "vagueness" in the law, not knowing what they could 
be arrested and hauled away for. 

Commissioner Mayer said that the severest penalty an artist could 
receive would be revocation of his certificate. He felt that the 
legislation should spell out the number of infractions that would 
result in revocation; he added that he did not feel the Art Commission 
should send anyone to jail. He proposed that the subsection pertaining 
to misdemeanor be eliminated and that the legislation provide that 
three infractions would result in a hearing as to why a certificate 
should not be revoked. 

Street Artist Robert Clark stated that the Commission's present 
methods of citation by Art Inspector and subsequent hearing procedure 
would solve the problem, and that if an artist were cited a second time, 
the Commission should not be lenient. 

Commissioner Mayer moved that Section 2^10 be amended by deleting 
from subsection (a) the words "or misdemeanor": "Any person violating 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE Page k 

9/23/82 Minutes 



any provision of this Article shall be guilty of an infraction (( or 
misdemeanor ))" and be amended by deleting subsection (a ii): 
(( "If charged as a misdemeanor, the penalty shall be by imprisonment 
in the County Jail not exceeding thirty days or a fine not exceeding 
$100." )); and that Section 2^10 (b) be amended by deleting the words 
"a misdemeanor or": "The complaint charging such violation shall 
specify whether the violation charged is ((a misdemeanor or ) ) an in- 
fraction." The motion was seconded by Commissioner Mayer. 

Street Artist Bill Clark stated that if all violations were to be 
considered as infractions and never misdemeanors, the artist would lose 
his right to a trial by jury. 

Chairman Taliaferro responded that Mr. Margolin had made that point 
to his clients, but they had still wanted the misdemeanor provision 
eliminated. 

The motion was unanimously approved. 

Commissioner Mayer requested Program Director Lazar to report at 
the next meeting with a clarification of the grounds constituting 
revocation of certificate and a detailing of options. 

Commissioner Goerner moved that the "ENFORCEMENT PROVISION/AMEND- 
MENT TO SECTION 2410(a)" as listed as Item I of the agenda be tabled 
until the following meeting. The motion was seconded by Commissioner 
Mayer and unanimously approved. 

II ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS 

Amendment to Language: Pendant Criteria . (By authorization of the 
Art Commission, the Advisory Committee of Street Artists and Craftsmen 
Examiners held a hearing on September 21, 1982 to consider amending the 
criteria for "Beadstringing: pendants.") 

Program Director Lazar read the present criteria: 

Pendants : The pendant, stomacher, brooch, cameo, 
and medallion part of the bead art object of sale must 
be an item predominantly created or altered in form by 
the street artist or craftsperson. 

and the Advisory Committee's recommended amendment: 

A commercially manufactured pendant may be per- 
missible in a beaded necklace when the pendant has 
been determined by the Advisory Committee to be an 
integral element of the design of the necklace. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 5 

9/23/82 Minutes 



Advisory Committee member Pat O'Connor explained that if a necklace's 
main object of sale was a commercially manufactured pendant, the necklace 
would be illegal; however, if the main object of sale was the necklace 
itself, the commercially manufactured pendant would be acceptable. 

Commissioner Mayer moved that the following language be added to the 
present criteria after the words "... the street artist or craftsperson": 

...except as amended in the following paragraph: 

A commercially manufactured pendant may be 
permissible in a beaded necklace when the pendant 
has been determined by the Advisory Committee to 
be an integral element of and subordinate to the 
total design of the necklace. 

The motion was seconded by Commissioner Goerner. 

Street Artist Dale Axelrod objected by saying that this would allow 
everyone to violate the initial pendant criterion and would open the 
door to endless appeals for justifying the commercially manufactured 
pendants. 

Chairman Taliaferro said that if the Advisory Committee feels it 
needs the amendment, the Art Commission should allow it. If it creates 
a problem, the Commission could rescind it. 

The motion was unanimously approved. 

Chairman Taliaferro had to leave. Commissioner Mayer chaired the 
remainder of the meeting. 

Criteria for Engraving . Program Director Lazar reported that, at 
the September 21 meeting, the Advisory Committee had been unable to 
recommend criteria, and that another hearing was required. 

III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Brigitte Korn - Certificate #2642 expired August 2, 1982; Ms. Korn 
notified the Program on September 2, 1982 (her last day for renewing 
the certificate was August l6th). 

Commissioner Goerner moved that Ms. Korn's request for priority 
in issuance of certificate be approved. The motion was seconded by 
Commissioner Mayer and unanimously approved. 

IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Louis C. Welsh - applied October 16, 1978 and was mailed notice in 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 6 

9/23/82 Minutes 



in August, 1980 ; but the notice was returned to the Program. 

Mr. Welsh told the Committee that in 1980 he had to leave 
for Pittsburgh to' attend to his mother who later died of cancer. 

Commissioner Mayer moved that Mr. Welsh's request for priority 
in issuance of certificate be approved. The motion was seconded by 
Commissioner Goerner and unanimously approved. 

B. Jack LaRue - applied October 29, 1980 and was mailed notice in 
February, 1982; notice was returned to Program. 

Mr. LaRue was not present. The Committee decided to hold the 
matter over. 

C. Gin Ku - applied February 26, 198l, and received notice mailed May 13, 
1982; Mr. Ku responded Ly telephone, but the staff failed to record 
the date of his response and did not schedule him for screening. 

Commissioner Gonerner moved that Mr. Ku's request for priority 
in issuance of certificate be approved. The motion was seconded by 
Commissioner Mayer and unanimously approved. 

V REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Elgin Tesseraux - applied April, 198l; requested postponement until 
spring, 1983. 

Commissioner Goerner moved that Mr. Tesseraux 's request for 
postponement of screening until spring, 1983, be approved. The motion 
was seconded by Commissioner Mayer and unanimously approved. 

B. Noriko Hatami - applied May, 198l; requested postponement until 
June, 1983. 

Commissioner Goerner moved that Ms. Hatami' s request for 
postponement of screening until June, 1983, be approved. The motion 
was seconded by Commissioner Mayer and unanimously approved. 

VI REQUESTS BY CERTIFICATE-HOLDERS FOR EXTENDED PERIOD OF MAIL-RENEWALS 

A. Frank Walker - Mr. Walker had submitted to the Program a letter- 

. request for a one-year extension for mail-renewal beyond the allotted 
two consecutive renewals. 

Commissioner Goarner moved that Mr. Walker's request for extension 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 7 

9/23/82 Minutes 



of mail-renewals be disapproved. The motion was seconded by Com- 
missioner Mayer and unanimously approved. 

B. Jaime Perez and Virginia Travers - Mr. Perez's mother had come to 
the Program office to pay for the past two renewals of Mr. Perez 
and Ms. Travers who were now in Spain, Mrs. Perez had told the 
Program Director that the two would not be back in time for their 
next renewal but would be back in January. Mrs. Perez intends to 
renew for them on their next renewal; Program Director Lazar asked 
the Program Committee for authorization to grant such renewal. 

Commissioner Goerner moved that the. staff request to accept 
renewal payment from Mrs. Yolanda Perez for Jaime Perez and Virginia 
Travers be disapproved. The motion was seconded by Commissioner 
Mayer and unanimously approved. 

VI NEW BUSINESS 

Street Artist Denise Florian stated that there were eight spaces 
on Stockton Street, between Post and Sutter, on the Hyatt Hotel side, 
and a year previously the adjacent curb had been painted as a white 
zone. Recently, a policeman told Ms. Florian that the white zone made 
it illegal for her to sell there. Ms. Florian wanted to know whether 
the artists have been allowed to continue selling in the spaces and also 
why the Department of Public Works did not notify the Art Commission of 
its intent to paint the curb. 

Commissioner Mayer requested Program Director Lazar to report at 
the next meeting on the status of the spaces, the purpose for painting 
the curb, and recommendations. 



Street Artist Dale Axelrod stated that at the end of the Advisory 
Committee meeting of September 21st, the Art Inspector had told the 
Advisory Committee that they could be liable for lawsuit as a result of 
their decisions. Mr. Axelrod said it should be made clear that it 
would be the Art Commission, not the Advisory Committee, who would be 
liable. 

Commissioner Goerner asked Mr. Lazar to ask Inspector Hamilton if 
she made such a remark and, if so, what she had meant by it, and that 
Mr. 'Lazar report to the Committee. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE Page 8 

9/23/82 Minutes 



Mr. Axelrod requested that the matter of the Lottery Committee's 
"preference poll" circulated on at the end of August, 1982, be placed 
on the October agenda of the Street Artists Program Committee. He said 
that the poll may be in violation of the Lottery's rules. Commissioner 
Goerner directed Mr. Lazar to put it on the agenda. 



Street Artist Bill Clark informed the Committee that the Lottery 
Committee failed to announce, for three consecutive lotteries, the 
"Notice to Street Artists" sent by the Program on August 25 1 1982, 
clarifying the "NOONTIME RULE." Such notification and announcement 
by the Lottery Committee had been requested by the Program Committee 
at its August 2*fth meeting. 

Lottery Committee member Linda Stark said that she made the an- 
nouncement at the Thursday and Saturday lotteries, and that the announce- 
ment flyer was placed on the signup table for a week. 

Commissioner Mayer requested Mr. Lazar to send the announcement 
to the Lottery Committee again to announce and to also have it disseminated 
by the Art Inspector at the lotteries. Mr. Lazar stated that he wanted 
to add to the announcement the Program Committee's clarification, on 
August 2*+th, that an artist may allow his family unit member (s) to sell 
from his space only when he is present. The Commissioners agreed that 
this should be added to the announcement. 

Mr. Clark asked that the announcement be ready for the Saturday 
lottery. Mr. Lazar said he would mail it in time to the Lottery Com- 
mittee and also give copies to the Inspector. 

The meeting adjourned at 12:30 p.m. 

Respectfully submitted: 



Howard Lazar 




<r~p" or / 

A7C7 4 : STREET ARTISTS PROGRAM COMMITTEE 

„/ / RECOMMEND ATIONS FOR AR T COMM ISSION - OCTOBER 4. 1982 MEETING 

icr/4/(f2 l 

I FOURTH LEGISLATIVE DRAFT REPEALING SECTIONS OF ARTICLES 2k AND 2*f.l, AND 
AMENDING ARTICLE 2^.2 POLICE CODE TO INCORPORATE PERTINENT PROVISIONS OF 
ARTICLE 2*f.l 

RECOMMENDATION: Approval of legislative draft with the following amend- 
ment/provisions (from 8/24 and 9/23 Program Committee hearings): 

A. "Family Unit inscription on certificates - legislation should 
provide that the certificate numbers of "family unit" members 
be written by the Art Commission on the back of each unit mem- 
ber's certificate. Suggestion: this provision could be incorpora- 
ted on page 10, in item (c) Display ; or in Section 2^05 Regula- 
tions for Street Artists , item (a). 

B. Amendment to Definition of "Handcrafted Item" - the definition 
of "Handcrafted Item" on page 8, Section 2^01 Additional Defin- 
itions , (b), should be amended as follows (deletions are shown 
by ( ( double parentheses )) and additions are underlined ) : 

(b) "Handcrafted Item". An item (( which consists 
of components )) predominantly created or significantly 
altered in form by the street artist. 

C. Amendments to Section 2^10 Criminal Violations: Penalties - 



L>Ow ,3 DEPT. 



1) Subsection (a) - delete the words "or misdemeanor": 
"Any person violating any provision of this Article 
shall be guilty of an infraction ((or misdemeanor ))." 



2) Subsection (a - ii) - delete entire subsection: 

UL I 4 \oQL (( "If charged as a misdemeanor, the penalty shall be 

SAM - ^cicurn ky imprisonment in the County Jail not exceeding 

pi mi i^» . ir.(, A pv thirty days or a fine not exceeding tylOO." )) 

3) Subsection (b) - delete the words "a misdemeanor or": 
"The complaint charging such violation shall specify 
whether the violation is (( a misdemeanor or)) an in- 
fraction." 

II AMENDMENT TO "BEADSTR1NGING - PENDANTS" CRITERIA 

RECOMMENDATION: Approval of the following underlined language to be 
added to the present criteria: 

Pendants: The pendant, stomacher, brooch, cameo, and 
medallion part of the bead art object of sale must be an 
item predominantly created or altered in form by the street 
artist or craftsperson, except as amended in the following 

Continued 



paragraph : 

A commercially manufactured pendant may be permissible 
in a beaded necklace when the pendant has been determined 
by the Advisory Committee to be an integral element of and 
subordinate to the total design of the necklace. 

III REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

RECOMMENDATION: Approval of request of the following: 

A. Brigitte Korn - certificate #26^3 expired August 2, 1982; Ms. Korn 
notified Program September 2, 1982 (her last day for renewing 
certificate was August 16). 

IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 
RECOMMENDATION: Approval of requests of the following: 

A. Louis C. Welsh - applied October 16, 1978, and was mailed notice 
in August, 1980 ; notice was returned to Program. 

B. Gin Ku - applied February 26, 198l, and received notice mailed 
May 13, 1982; Mr. Ku responded by telephone but staff failed 
to record the date of his response and did not schedule him 
for screening. 

V REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 
RECOMMENDATION: Approval of the requests of the following: 

A. Elgin Tesseraux - applied April, 198l; requests postponement 
until spring, I983. 

B. Noriko Hatami - applied May, 198l; requests postponement until 
June, 1983* 

VI REQUESTS BY CERTIFICATE-HOLDERS FOR EXTENDED PERIOD' OF MAIL-RENEWALS 
RECOMMENDATION: Disapproval of requests of the following: 

A. Frank Walker - requests a one-year extension for mail-renewal 
beyond the allotted two consecutive renewals. 

B. Jaime Perez and Virginia Travers - request by staff for author- 
ization to accept renewal payment from Mr. Perez's mother who 
has paid for the past two renewals for Mr. Perez and Ms. Travers. 
(Artists are to return from Spain in January.) 



City and County of San Francisco 

p/n 

Diannc Feinstein 
MAYOR 




Art Commission 



Joan Ellison 

uUCUMENTS DEPTM RECT0R 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Picro Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Pine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 



OCT 1 4 1982 

SAN FRANCISCO 
punt >~ • |R« A pY 



Wednesday, October 20, 1982 

10:00 a.m. ^ 

Mission Cultural Center 

2868 Mission Street (between 2^th and 25th Streets) 

San Francisco, California 

^AGENDA 



I CITY ATTORNEY RECOMMENDATION ON AMENDING LANGUAGE OF ENFORCEMENT 
PROVISION, SECTION 2410(a), 4TH LEGISLATIVE DRAFT REPEALING - 
SECTIONS OF ARTICLES 2h AND 2*Kl AND AMENDING ARTICLE 2h~ 
POLICE CODE 

II DIRECTOR'S REPORT ON STATUS OF SPACES, STOCKTON STREET AT POST 



III ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS: 

FINDINGS FROM CRAFT VIOLATION REVIEWS OCTOBER 19, 1982, REGARDING 
THE FOLLOWING CERTIFICATE-HOLDERS : 

A. Betty Bundschu; alleged violation: one or more items displayed 

do not meet criteria 
(beadstringing/pendant s ) 

B. Ching-Lan Sun; " 

C. Chik Yuk Suen; " 

D. Susan Shindelka; " 

E. Suey Wan Lee Wu; " 

F. Peter Wiley; " " (leathercraft/buckle criteria) 

G. James Bazil; " " (leathercraft/buckle criteria) 
H. Penny Valle; " " (leathercraft/buckle criteria) 
I. Helen I-Wu Chien " " (beadstringing/pendants) 



IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Jack Frenchie LaRue - applied October 29, 1980 and was mailed 

notice in February, 1982; notice was returned to Program 

B. Elizabeth Jane Lygon - applied June 30, 1982 

V REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR 
LOTTERY COMMITTEE MEETINGS 

(continued on reverse side) 



[415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 






VI LOTTERY COMMITTEE PREFERENCE POLL RE: "OCCUPANCY/12 NOON RULE" - 
QUESTION ON LEGALITY OF POLL 

VII REQUEST BY CERTIFICATE-HOLDER FOR POLICY ON NOTIFICATION TO ALL 
CERTIFICATE-HOLDERS RE: PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA 

VIII NEW BUSINESS 



City and County of San Francisco 

^"70»"7S^ Dianne Feinstein 
^ <- MAYOR 




DOCUMENTS DERT. 

NOV 5 1982 

8AN FRANCISCO 
piipij* | IRRAPV 



Art Commission 



Joan Ellison 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

K'crr.zr. A!!sy 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



The meeting originally scheduled for October 20th has been changed to 

Monday , November 1, 1982 

1:30 p.m. " 

Main Library - Commissioners Room (3rd floor) 

Larkin & McAllister Streets, San Francisco 

«*?• A G E N D A 



CITY ATTORNEY RECOMMENDATION ON AMENDING LANGUAGE OF ENFORCEMENT 
PROVISION, SECTION 2410 la ) , kTd LEGISLATIVE DRAFT REPEALING 
SECTIONS OF ARTICLES 2k AND 2*t.l AND AMENDING ARTICLE 2^.2 



POLICE CODE 

II DIRECTOR'S REPORT ON STATUS OF SPACES, STOCKTON STREET AT POST 

III ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS: 
FINDINGS FROM CRAFT VIOLATION REVIEWS OCTOBER 19, 1982, REGARDING 
THE FOLLOWING CERTIFICATE-HOLDERS : 

A. Betty Bundschu; alleged violation: one or more items displayed 

do not meet criteria 



B. Ching-Lan Sun; 

C. Chik Yuk Suen; 

D. Susan Shindelka; 

E. Suey Wah Lee Wu; 

F. Peter Wiley; 

G. James Bazil; 
H. Penny Valle; 

I. Helen I-Wu Chien 



(beadstringing/pendants) 
it ir ii ii 



II 


II 


It 


II 


II 


II 


It 


II 


II . 



(leathercraft/buckle criteria) 
(leathercraft /buckle criteria) 
(leathercraft/buckle criteria) 
(beadstringing/pendants ) 



IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Jack Frenchie LaRue - applied October 29, 1980 and was mailed 

notice in February, 1982; notice was returned to Program 

B. Elizabeth Jane Lygon - applied June 30, 1982 

V REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR 
LOTTERY COMMITTEE MEETINGS 

(continued on reverse side) 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



VI LOTTERY COMMITTEE PREFERENCE POLL RE: "OCCUPANCY/12 NOON RULE" - 
QUESTION ON LEGALITY OF POLL 

^ r - 

VII REQUEST BY CERTIFICATE-HOLDER FOR POLICY ON NOTIFICATION TO ALL 
CERTIFICATE-HOLDERS HE; PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA 

VIII NEW BUSINESS 



I : 
* * * 



r r 



City and County of San Francisco 



Dianne Feinstein 

MO, IS 

»l/|fc>/< 



Art Commission 




Joan Ellison 
DIRECTOR 



Commissioners 



Roselyne C. bwig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



DOCUMENTS DEPT. 

NOV 1 6 1982 

SAN FRANCISCO 

pi i.jii t<* • if^APV 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, November 16, 1982 

10;00 - 11; 30 a.m. 

Main Library - Lurie Room 

(ground floor) 

Larkin & McAllister Streets 

San Francisco 



•o- 



AGENDA 



HEARING ON SAN FRANCISCO STREET ARTISTS ASSOCIATION'S 
PROPOSED SALES SPACES FOR DOWNTOWN AREA - CHRISTMAS, 1982 



* * * 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 



Joan Ellison 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

November 16, 1982 
Main Library, Lurie Room 
Larkin & McAllister Streets 
San Francisco 



MINUTES 



DOCUMENTS DEPT. 

DEC 6 1982 

SAN FRANCISCO 
piiQi «<-> ( inQAPV 



Present: Commissioners Taliaferro and Mayer. 

Chairman Taliaferro called the meeting to order at 10:20 a.m. 

HEARING ON SAN FRANCISCO STREET ARTISTS ASSOCIATION'S PROPOSED SALES 
SPACES FOR DOWNTOWN AREA - CHRISTMAS, 1982 

Program Director Lazar reported that a meeting had been held with 
members of the Street Artists Association, the Downtown Association, 
and the Street Artists Program staff, with regard to a proposal by 
the Street Artists Association for additional spaces downtown for 
the Christmas season. Each space had been reviewed with respect to 
the law, and both associations had agreed on 5^ new spaces (out of a 
proposed 60) which comply with the regulations: 

Spaces Location 

3 Post Street, north side, Stockton to Grant 

5 Market Street, south side, 4th to 5th 

k Market Street, south side, New Montgomery to 3rd 

2k Market Street, south side, 1st to 2nd 

5 Market Street, north side, Stockton to Grant 

3 Market Street, north side, Grant to Kearny 

3 Market Street, north side, Montgomery to Sansome 

7 Sutter Street (2 on south side, 5 on north side) at 
Market 



Commissioner Mayer movsd that the proposed sales spaces, as agreed 
upon by the Street Artists Association and Downtown Association, 
for the downtown area during the Christmas season, 1982, be endorsed 
by the Art Commission for consideration by the Board of Supervisors. 
The motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

The Program Director also informed the Committee that in the meeting 
of the two associations, it had been concluded that the present 



Continued. 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



Street Artists Program Committee Page 2 

Minutes - 11/16/82 



regulation of a 5-foot distance between street artist displays 
should not be a requirement around BART entrances and exits. 
Both associations were requesting that the Art Commission approve, 
in its new legislation, a provisions which would, for such areas, 
require that (a) the distance between displays be two feet and (b) 
the distance from the edge of a display to the BART wall be no more 
than 5 feet. These changes would require amending Section 2^05 of 
the City Attorney's legislative draft scheduled to go before the 
Board of Supervisors in December. 

Commissioner Mayer moved that, in the proposed street artist legislation, 
a provision be included which would, for BART entrances and exits, 
require that (a) the distance between street artist displays be two 
feet and (b) the distance from the edge of a display to the BART wall 
be no more than five feet. The motion was seconded by Commissioner 
Taliaferro and unanimously approved. 



The meeting adjourned at 11:00 a.m. 



Respectfully submitted: 





Howard Lazar " 

Director 

Street Artists Program 






STREET ARTISTS PROGRAM COMMITTEE 






RECOMMENDATIONS FROM MEETINGS OF NOVEMBER 16 AND NOVEMBER 23, 1982 



I STREET ARTISTS ASSOCIATION'S PROPOSAL FOR ADDITIONAL SALES SPACES IN 
DOWNTOWN AREA FOR CHRISTMAS, 1982 

RECOMMENDATION: Approval of the 5^ proposed sales spaces, as agreed upon 

by the Street Artists Association and Downtown Association, 
in the downtown area during the Christmas season, 1982, as 
endorsement for consideration by the Board of Supervisors. 

II AMENDMENT TO PROPOSED STREET ARTIST LEGISLATION (REPEALING SECTIONS OF 
ARTICLES 2k AND 2*t.l AND AMENDING ARTICLE 2^.2 POLICE CODE) APPROVED 
BY ART COMMISSION OCTOBER *+, 1982 

RECOMMENDATION: Approval of a provision which would, for BART entrances 
and exits, require that (a) the distance between street 
artist displays be two feet, and (b) the distance from 
the edge of a street artist display to the BART wall be 
no more than five feet. 

Ill CRAFT VIOLATION REVIEWS 

A. Susan Shindelka 

RECOMMENDATION: That Ms. Shindelka be found in violation, Street Artist 
Violation II (One or More Items Displayed Do Not Meet 
Art Commission Criteria), Beadst ringing/Pendant Criteria; 
but that the penalty be suspended. 

B. Eaiko Chou 

RECOMMENDATION: That Ms. Chou be found in violation, Street Artist Viola- 
tion II, Beadstringing/Pendant Criteria; but that the 
penalty be suspended. 

C. Richard Ashton 

RECOMMENDATION: That Mr. Ashton be found in violation, Street Artist 

Violation II, Beadstringing/Pendant Criteria; but that the 
penalty be suspended. 

D. James Bazil 

RECOMMENDATION: That Mr. Bazil be found in violation, Street Artist Viola- 
tion IV, Section 2 (Category of Craft Not Certified, And 
Items Displayed Are Determined to Be Not of Artist's Own 
Creation), and that his certificate be suspended for three 
months . 

E. Dale Haverlandt 

RECOMMENDATION: That Mrs. Haverlandt be found in violation, Street Artist 
Violation II, Beadstringing/Pendant Criteria; but that the 
penalty be suspended. 

Continued 



Street Artists Program Committee 

Recommendations from Meetings of 11/16 and 11/23/82 



Page 2 



F. Penny Valle 

RECOMMENDATION: That Ms. Valle be found in violation, Street Artist 
Violation IV, Section 2 (Category of Craft Not 
Certified, And Items Displayed Are Determined to Be 
Not of Artist's Own Creation), second violation, 
and that her certificate be susp:ended for one year. 

RECOMMENDATION: That Ms. Valle be found in violation, Street Artist 
Violation VII (Failure to Appear for Hearing with 
Street Artists Program Committee, When Notified), 
second violation, and that her certificate be sus- 
pended until entire revocation procedure is completed. 

IV REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

Wayne Szwed - Certificate #27^3 expired October 1, 1982; Mr. Szwed's re- 
quest for priority in issuance of certificate was received 
by the Program office October 28. 

RECOMMENDATION: Approval of Mr. Szwed's request for priority, above the 

waiting list of applicants, in the issuance of certificate. 

V REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT STREET ARTIST LOTTERIES 

AND/OR LOTTERY COMMITTEE MEETINGS 

RECOMMENDATION: That the Street Artists Program staff attend the lot- 
teries and Lottery Committee meetings, and that the 
Lottery Committee submit its minutes of meetings to 
the Program regularly. 



VI AUTHORIZATION FOR STAFF REPORT ON LOTTERY COMMITTEE COMPLIANCE WITH 
ART COMMISSION REGULATIONS 

RECOMMENDATION: That the staff report on the Lottery Committee's 

August, 1982 "Preference Poll" and its alleged in- 
fraction of lottery rules, and the degree of Lottery 
Committee compliance with Art Commission regulations. 



City and County of San Francisco 



Art Commission 




Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Dianne Feinstein 
MAYOR 



Joan Ellison 
DIRECTOR 

^ww^ENTS DEPT 

STREET ARTISTS PROGRAM COMMITTEE NOV 16 1982 

SAN FKANCISCO 

Tuesday, November 23, 1982 P " " ,r ' ,PPAPV 

2;00 p.m. 

Main Library - Commission Room (3rd floor) 

Larkin & McAllister Streets, San Francisco 

tP A G E N D A 



ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS: 
FINDINGS ON CRAFT VIOLATION REVIEWS 

A. Penny Valle (from October 19 Alleged Violation: One or 
hearing) more items displayed do not 

meet criteria (Leathercraft/ 
Buckle Criteria) 



B. Susan Shindelka 



C. Eaiko Chou 



D. Dale Haverlandt 



E. Richard Ashton 



F. James Bazil 



ii ii 



it ti 



(Beadst ringing/Pendant Criteria) 

ii ti ti ii ii 

(Beadstringing/Pendant Criteria) 

it it ti ii ii 

(Beadstringing/Pendant Criteria) 

ii it ii ii it 

(Beadstringing/Pendant Criteria) 

ti it ii it it 

(Leathercraft/Buckle Criteria) 



II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Wayne Szwed - Certificate # 27^3 expired October 1, 1982; 
request received by office October 28. 

III REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR 

LOTTERY COMMITTEE MEETINGS 

IV QUESTION ON LEGALITY OF LOTTERY COMMITTEE PREFERENCE POLL RE: 

M 0CCUPANCY/12 NOON RULE" 



Continued. 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



V REQUEST FOR POLICY ON NOTIFICATION TO ALL CERTIFICATE- 

HOLDERS RE: PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA 

VI REQUEST BY CERTIFICATE-HOLDER FOR CERTIFICATION OF NEW ITEM 

A. Philip Curatola - request for certification to sell 
cassette tapes of "music written and performed by 
the artist, accompanied by his band." 

VII NEW BUSINESS - 



r r 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 

■to / 



Joan Ellison 
DIRECTOR 



SJu/'za/frx 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



•^ STREET ARTISTS PROGRAM COMMITTEE 

^ November 23, 1982 DOCUMENTS DEPT. 

^ Main Library, Commissioners Room 

Larkin & McAllister Streets, DEC 6 1982 

San Francisco SAN FRANC|8CQ 

Pilot »~ P IRRAPV 
^ MINUTES 

Present: Commissioners Taliaferro and Mayer. 

Chairman Taliaferro called the meeting to order at 2:10 p.m. 

I ADVISORY COMMITTEE OF STREET ARTISTS AND CRAFTSMEN EXAMINERS : 
FINDINGS FROM CRAFT VIOLATION REVIEWS 

A. Susan Shindelka - (Ms. Shindelka had been cited by the Art 
Inspector on August 1, 1982, for Street Artist Violation II: 
One or More Items Displayed Do Not Meet Art Commission Criteria; 
Beadstringing/Pendant Criteria. She was notified to appear 
for hearings with the Advisory Committee and the Street Artists 
Program Committee scheduled for October 19 and October 20 
respectively. She notified the office that she would be in 
Los Angeles at the time of her hearings. She was rescheduled 
for hearings in the morning and afternoon of November 23. 
The Advisory Committee found, in the photo taken at the time 
of citation, that Ms.- Shindelka had been in violation, Street 
Artist Violation II, due to the display of commercially manufac- 
tured pendants on chains, stickpins and barrettes. The Advisory 
Committee found no violation in the work presented at her hear- 
ing.) 

Ms. Shindelka told the Commissioners that she had had stock 
that she had wanted to get rid of. Commissioner Mayer examined 
the photo taken on August 1 and also one taken on November 20 
and remarked that there appeared no change in the display of 
unauthorized merchandise. Commissioner Mayer moved that Ms. 
Shindelka be found in violation, Street Artist Violation II, 
but that the penalty be suspended. The motion was seconded 
by Commissioner Taliaferro and unanimously approved. 



B. Eaiko Chou - (Ms. Chou had been cited on October 1^, 1982, for 
Street Artist Violation II, Beadstringing/Pendant Criteria. At 
her hearing in the morning of November 23, the Advisory Com- 
mittee found that, in the photo taken at the time of citation, 



Continued. 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



Street Artists Program Committee Page 2 

Minutes - 11/23/82 



Ms. Chou had been in violation, Street Artist Violation II, due to 
the display of commercially manufactured "cloisonne" pendants on 
chains. The Advisory Committee found no violation in the work shown 
at her hearing.) 

Commissioner Mayer moved that Ms. Chou be found in violation, Street 
Artist Violation II, but that the penalty be suspended. The motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

C. Richard Ashton - (Mr. Ashton had been cited on November 5* 1982, for 
Street Artist Violation II, Beadstringing/Pendant Criteria. At his 
hearing in the morning of November 23, the Advisory Committee found 
that, in the photo taken at the time of citation, Mr. Ashton had been 
in violation, Street Artist Violation II, due to the display of com- 
mercially manufactured "bird"-shaped pendants. The Advisory Committee 
also found him in violation for the same items shown at his hearing. 
Mr. Ashton submitted a letter to Program Director Lazar, informing the 
Street Artists Program Committee that he would not be able to attend 
his hearing that afternoon and requesting a later hearing.) 

Mr. Ashton did not appear at the Program Committee hearing. The Com- 
missioners reviewed the photographs and the Advisory Committee's findings. 
Commissioner Mayer moved that Mr. Ashton be found in violation, Street 
Artist Violation II, but that the penalty be suspended. The motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

D. James Bazil - (Mr. Bazil had been cited on November 5i 1982, for Street 
Artist Violation II, Leathercraft/Buckle Criteria. This occurred four 
days after the Art Commission had resolved to suspend his certificate 
for one week, for the same violation. On November 19, 1982, Mr. Bazil 
submitted a letter informing the Program Director that he would not be 
able to attend his hearing because of another commitment. He did not 
appear at either of his committee hearings scheduled on November 23.) 

Art Inspector Hamilton informed the Commissioners that she had found 
Mr. Bazil displaying commercially manufactured belt buckles without 
being attached to leather belts, and that, at the time of citation, he 
had stated that he did not intend to come to his hearing. 

Commissioner Mayer moved that Mr. Bazil be found in violation, Street 
Artist Violation II, for the second time and that his certificate be 
suspended for four weeks. The motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

Upon examination of the photo taken of Mr. Bazil 's display, the Com- 
missioners observed that the display of commercially manufactured 
buckles could also constitute Street Artist Violation IV, Section 2 
(Category of Craft Not Certified, And Items Displayed Are Determined 
to Be Not of Artist's Own Creation). Commissioner Mayer moved that 
the previous recommendation on Mr. Bazil be rescinded. The motion 
was seconded by Commissioner Taliaferro and unaimously approved. 

Continued 



Street Artists Program Committee Page 3 

Minutes - 11/23/82 

Commissioner Taliaferro moved that Mr. Bazil be found in violation, 
Street Artist Violation IV, Section 2, and that his certificate be 
suspended for three months. The motion was seconded by Commissioner 
Mayer and unanimously approved. 

E. Dale Haverlandt - (Mrs. Haver landt had been cited on November 5, 1982, 
for Street Artist Violation II, Beadstringing/Pendant Criteria. At 
her hearing in the morning of November 23rd, the Advisory Committee 
found that, in the photo taken at the time of citation, Mrs. Haverlandt 
had been in violation, Street Artist Violation II, due to the display 
of commercially manufactured pendants. The Advisory Committee found 
no violation in the work shown at her hearing.) 

Mrs. Haverlandt told the Commissioners that, prior to receiving the 
citation, she had been working a fair and that some of the pendants 
which had been allowed by the fair, were erroneously placed on her 
street artist display. 

Commissioner Mayer moved that Mrs. Haverlandt be found in violation, 
Street Artist Violation II, but that the penalty be suspended. The 
motion was seconded by Commissioner Taliaferro and unanimously approved. 

F. Penny Valle - (Ms. Valle had been cited on August 22, 1982, for Street 
Artist Violation II, Leathercraft/Buckle Criteria. At her hearing on 
October 19, the Advisory Committee found that, in the photo taken at 
the time of citation, Ms. Valle had been in violation due to the display 
of commercially manufactured buckles that were not attached to her 
certified belts. Ms. Valle did not bring samples of buckles or belts 

to show the Committee. She did not appear at her hearing with the 
Program Committee on October 20. The office notified her to appear 
before the Program Committee on November 23. ) 

Ms. Valle did not appear. The Commissioners examined the photo taken 
at the time of the August 22 citation and observed that, on November 3, 
1980, the Art Commission by resolution found Ms. Valle in violation, 
Street Artist Violation IV, Section 2, and imposed the penalty of a 
three-month suspension. The penalty would have been in effect from 
November 17, I98O - February Ik, 19&L, but Ms. Valle appealed to the 
Board of Permit Appeals who ordered that the suspension be deferred 
until January 1, 198l. The Commissioners stated that it appeared 
Ms. Valle 's current citation was for the same violation, Street Artist 
Violation IV, Section 2, and not for Street Artist Violation II. 

Commissioner Mayer moved that Ms. Valle be found in violation, Street 
Artist Violation IV, Section 2, second violation. The motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

Commissioner Mayer moved that the penalty for Street Artist Violation 
IV, Section 2, second violation - a one-year suspension of certificate - 
be imposed on Ms. Valle. The motion was seconded by Commissioner 

Continued 



Street Artists Program Committee Page 4 

Minutes - 11/23/82 



Taliaferro and unanimously approved. 

Commissioner Taliaferro moved that Ms. Valle be found in violation, 
Street Artist Violation VII (Failure to Appear for Hearing with 
Street Artists Program Committee, When Notified), second violation, 
and that the penalty for S.A.V. VII, second violation, be imposed 
(suspension of certificate until entire revocation procedure is 
completed). The motion was seconded by Commissioner Mayer and unani- 
mously approved. 

II REQUEST BY FORMER CERTIFICATE- HOLDER FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

Wayne Szwed - (Certificate #27^3 had expired October 1, 1982; Mr. Szwed 's 
request for priority in issuance of certificate was received by the Program 
office on October 28.) 

Commissioner Mayer moved that Mr. Szwed be given priority, above the 
waiting list of applicants, in the issuance of a certificate. The motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

III REQUEST FOR ART COMMISSION STAFF ATTENDANCE AT LOTTERIES AND/OR LOTTERY 

COMMITTEE MEETINGS 

The Program had received a request from Lottery Committee Member Sandra 
O'Brien for a representative of the Art Commission staff to be present 
at lotteries and/or Lottery Committee meetings which "could ensure 
fair and unbiased handling of lottery activities." 

Art Inspector Hamilton reported that the Lottery Committee had not been 
keeping accurate records of daily space assignments. Program Director 
Lazar stated that he felt the lotteries should be monitored. 

Commissioner Taliaferro moved that the staff attend the lotteries and 
Lottery Committee meetings when possible, and that the Lottery Committee 
submit its minutes of meetings to the Program regularly. The motion 
was seconded by Commissioner Mayer and unanimously approved. 

IV QUESTION ON LEGALITY OF LOTTERY COMMITTEE PREFERENCE POLL REGARDING 

"OCCUPANCY/12 NOON RULE" 

Street Artists Bill Clark and Dale Axelrod told the Commissioners that 
the Lottery Committee's "preference poll" (circulated at the end of 
August, 1982) was political and, because it had not been authorized by 
a petition of twenty-five street artists, illegal. Mr. Axelrod stated 
that the poll was contained on a ballot for new lottery members, and 
that it has encouraged disregard for the occupancy rule. 

Commissioner Taliaferro moved that the staff report on the preference 

Continued 



Street Artists Program Committee Page 5 

Minutes - 11/23/82 



poll's alleged infraction of lottery rules and the degree of Lottery 
Committee compliance with Art Commission regulations. The motion was 
seconded by Commissioner Mayer and unanimously approved. 

V REQUEST FOR POLICY ON NOTIFICATION TO ALL CERTIFICATE-HOLDERS REGARDING 

PUBLIC HEARINGS ON AMENDING CRAFT CRITERIA 

Program Director Lazar informed the Commissioners that agendas of all 
meetings of the Program are mailed to Lottery Committee members for 
announcement at the lotteries, various departmental personnel, and all 
persons on the mailing list - approximately fifty persons notified each 
month. 

Street Artist Dale Axelrod told the Committee that since the Program 
staff would be attending the lotteries, the staff could hand out notice 
of meetings on amending criteria. He also suggested that the imple- 
mentation of any change in criteria be deferred for three months to 
allow the Program Director to inform every artist upon renewal of 
certification. 

Commissioner Taliaferro requested that the staff continue its efforts 

to disseminate information to the Lottery Committee and at the lotteries. 

VI REQUEST BY CERTIFICATE-HOLDER FOR CERTIFICATION OF NEW ITEM 

Philip Curatola - requested certification to sell cassette tapes of 
"music written and performed by the artist, accompanied by his band." 

Program Director Lazar summarized the issues presented by the Advisory 
Committee of Street Artists and Craftsmen Examiners in their letter of 
October 26, 1982. 

Mr. Curatola told the Committee that he recorded his tape at an 8-track 
studio in San Francisco, and that he wrote the tunes, arranged them, 
and performed them on his mandolin and guitar. He supervised the tape 
production in all areas, he said. He submitted a petition of street 
artist signatures. 

Commissioner Mayer clarified that this would be considered "documentation" 
of the artist's performance and would be introducing music into the 
Street Artists Program. As the Program is a visual arts program, he said, 
he was not convinced that a cassette was a "handcrafted item." 

Mr. Curatola requested that the Program become an audio as well as visual 
program. 

Commissioner Taliaferro said that his Committee was not prepared to make 
a decision, and that it should hear from attorneys and experts in the music 
field on whether music should be a part of the Program. 

The meeting adjourned at 3:25 p.m. 

Re spe c t fully . submit ted; 

Howard Lazar, Director 
Street Artists Program 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 



Joan Ellison 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vies President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



December 21, 1982 

Public Health Building, Room 300 

101 Grove Street, San Francisco jQCUMENTS PUP* 






MINUTES 



JAN m$ 



Present: Commissioners Goerner and Mayer. 

Commissioner Mayer called the meeting to order at 2:00 p.m. 



SAN l-KHtWuvi*^ 

pup? ftjiifV 



I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

Elsie Wilson - appeared and stated that she had applied for 
certification on June 20, 1977 and found out recently from the 
Program that she had been sent notice in March, I98O. She did 
not receive the notice. 

Commissioner Goerner moved that Ms. Wilson's request be approved. 
The motion was seconded by Commissioner Mayer and unanimously 
approved. 

II REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

Helen Rees - appeared and stated that her certificate had expired 
August 11, 1982, and that she had not known that the Program does 
not notify certificate-holders of their expiration date. 

Commissioner Goerner moved that Ms. Rees's request be approved. 
The motion was seconded by Commissioner Mayer and unanimously 
approved. 

Former Certificate-holders Lily Chianp: , Thomas Chiang , and Phillip 
Owens , • who had submitted requests for priority in issuance of 
certificates, did not appear. The Committee decided to hold over 
their requests. 



Ill CRAFT VIOLATION REVIEWS (FINDINGS OF THE ADVISORY COMMITTEE OF 
STREET ARTISTS AND CRAFTSMEN EXAMINERS 

The following artists, who had received notices of alleged viola- 
tion, did not appear at their hearings with the Advisory Committee 
and the Program Committee: David Braun, John Dobson, Robert Wild , 
Beverly Nicole, Marilyn Fong, Susan Sherriff , and Richard Was s or man . 
Letters requesting postponement of hearings had been received from 
Mr. Braun, Mr. Dobson, Ms. Nicole, Mrs. Fong, Ms. Sherriff. The 
Program Committee decided to reschedule these cases for 
the following month. 



Continued. 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SAN FRANCISCO, 94105 



STREET ARTISTS PROGRAM COMMITTEE Page 2 

Minutes 12/21/82 



The only scheduled artist who had received a notice of alleged 
violation and also appeared at both Committee hearings was Joyce 
Kung . Ms. Kung had been cited for Street Artist Violation II, 
"CATEGORY OF CRAFT CERTIFIED, BUT ONE OR MORE ITEMS DISPLAYED DO 
NOT MEET ART COMMISSION CRITERIA" - Beadcraft/Pendant Criteria. 
According to the Minutes of the Advisory Committee on December 21st, 
the Advisory Committee found a violation (S.A.V. II) in the photo 
taken of her display, due to the display of commercially manufactured 
pendants. The Advisory Committee had found no violation in the work 
which Ms. Kung had presented at her hearing. 

Commissioner Goerner moved that Ms. Kung be found in violation, 
Street Artist Violation II, but that the penalty be suspended. 
The motion was seconded by Commissioner Mayer and unanimously ap- 
proved by the Committee. 

IV NEW BUSINESS 

Program Director Lazar reported that Mr. James Bazil, whose certifi- 
cate had been suspended for three months by the Commission on December 
6th, had filed an appeal with the Board of Permit Appeals. His hearing 
is scheduled for January 5» 19&3. Ms. Penny Valle, whose certificate 
had been suspended for one year by the Commission, had not filed an 
appeal. 



Respectfully submitted 



Howard Lazar 




^ STREET ARTISTS PROGRAM COMMITTEE wwwumumo wtri 

m FEB 71983 

RECOMMENDATIONS FROM METINGS OF JANUARY 16th, 1983 SAN FRANCISCO 
Q pilRi .M* I IRRAPV 

REQUEST BY FORMER CERTIFICATE HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

I. NANCY SCOTT - CERTIFICATE EXPIRED 12/21/82; TELEPHONED OFFICE 

1/5/83 requesting hearing. 

RECOMMENDATION: APPROVAL OF Ms. SCOTTS' S REQUEST FOR PRIORITY 

ABOVE THE WAITING LIST OF APPLICANTS, IN THE 
ISSUANCE OF CERTIFICATE. 

KWOK LAN LAM - CERTIFICATE EXPIRED 12/4/82; SUBMITTED LETTER 

1/3/83 REQUESTING HEARING. 

RECOMMENDATION: APPROVAL OF Ms. LAM'S REQUEST FOR PRIORITY 

ABOVE THE WAITING LIST OF APPLICANTS, IN THE 
ISSUANCE OF CERTIFICATE. 

J. JOYCE McGUIRE-CERTIFICATE EXPIRED 1 2/ 1 8/ 8 2 , SUMITTED LETTER 

1/5/83 REQUESTING HEARING. 

RECOMMENDATION: APPROVAL OF Ms.McGUIRE'S REQUEST FOR PRIORITY 

ATBOVE THE WAITING LIST OF APPLICANTS, IN THE 
ISSUANCE OF CERTIFICATE. 

CRAFT VIOLATION REVIEW S 
II. 

A. ROBERT WILD 

RECOMMENDATION: THAT Mr. WILD BE FOUND IN VIOLATION, STREET 

ARTIST VIOLATION IV. SECTION 2 ( CATEGORY 
OF CRAFT NOT CERTIFIED, AND ITEMS DISPLAYED 
ARE DETERMINED TO BE NOT OF THE ARTIST'S 
OWN CREATION) AND THAT HIS CERTIFICATE BE 
SUSPENDED FOR THREE MONTHS. 

B. MARILYN FONG 

RECOMMENDATION: THAT Ms. FONG BE FOUND IN VIOLATION, STREET 

ARTIST VIOLATIONS II, AND IV SECTION 2 
BUT THAT THE PENALTIES BE SUSPENDED. Ms. FONG 
WAS WARNED THAT ANY FUTURE VIOLATIONS OF THIS 
TYPE WILL WARRENT A ONE YEAR SUSPENSION. 

C. ANYA SAGARA 

RECOMMENDATION: THAT Ms. SAGARA BE FOUND IN VIOLATION, STREET 

ARTIST VIOLATION OF I, II, IV SECTION 2 AND 
THAT THE PENALTIES BE SUSPENDED. 

CONT 



RECOMMENDATIONS FROM STREET ARTISTS PROGRAM COMMITTEE 

PAGE 2 



C. ANYA SAGARA Ms.SAGARA WAS WARNED THAT ANY FUTURE 

VIOLATIONS OF THIS TYPE WILL WARRENT 
A ONE YEAR SUSPENSION. 

D. RICHARD WASSERMAN 

RECOMMENDATION: THAT MR. WASSERMAN BE FOUND IN VIOLATION , STREET 

ARTIST VIOLATIONS I, II, IV SECTION 2 AND THAT 
HIS CERTIFICATE BE SUSPENDED FOR THREE MONTHS, 
ONE WEEK, AND THREE DAYS. 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 



Joan i 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 



Vernon Alley 

Timothy Duncan 

Fredrick Goerner 

Robert LaRocca 

Richard Mayer 

Jacqueline Nemerovski 

William Paterson jj REQUEST FOR APPEAL 

Piero Patri 

Peter Rodriguez 

Roy Taliaferro 



STREET ARTISTS PROGRAM COMMITTEE 

Wednesday, January 26, 1983 

2:00 p.m. 

Public Library, Commission Room (3rd floor) 

Larkin & McAllister Streets, San Francisco 

■55. A G E N D A 



REQUEST BY l'ORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Nancy Scott - Certificate expired 12/21/82; telephoned office 
1/5/83 to request hearing. 



B. Kwok Lan Lam - Certificate expired 12/4/82; submitted letter 
1/3/83 requesting hearing. 



Ex Officio Members: 



A. James Bazil - request for appeal re: notice of alleged violation 
(Street Artist Violation I, Failure to Display Certificate 
Prominently) issued by Inspector on November 5» 1982. 



Presidents of the III CRAFT VIOLATION REVIEWS (FINDINGS BY ADVISORY COMMITTEE) 
pine Arts Museums 

Certificate-Holder 






Library Commission 
Planning Commission 
Recreation and Park 
Commission 






A. David Braun 

B. John Dobson 

C. Robert Wild 

D. Beverly Nicole 

E. Marilyn Fong 

F. Susan Sherriff 

G. Richard Wasserman 
H. Richard Webster 
I. Anya Sagara 



Alleged Violations 
II; III; IV Section 2 
II (beadcraft/pendant criteria) 
IV Section 2 

II (beadcraft/pendant criteria) 
II (beadcraft/pendant criteria) 
IV Section 2 
I; II; IV Section 2 
I; IV Section 2 
I; II; IV Section 2 



IV HEARING ON CRITERIA FOR ENGRAVING (PROPOSAL FROM ADVISORY COMMITTEE) 

V NEW BUSINESS DOCUMENTS DEPi . 

JAN 1 7 1983 



(415) 558-3463 



693 MISSION STREET, 8TH FLOOR 



SmiW t-KMNCISCO 
pi , ( - • iooapv 

SAN FRANCISCO, 94105 



City and County off San Francisco 




Dianne Feinstein 
MAYOR 



STREET ARTISTS PROGRAM COMMITTEE 



Art Commission 



&NTS DEP'i .Joan Ellison 
DIRECTOR 

FEB 1 d 1983 



Commissioners 



Roselyne C. Swig 
President 

I 
Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the II 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Tuesday, February 22, 1983 

2:30 p.m. 

Main Library - Lurie Room (ground floor) 

Larkin & McAllister Streets, San Francisco 



G E N D A 



•i FRANCISCO 



** 

REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Frank Ming Iu - Certificate #2683 expired 12/15/82; sent 

renewal payment 1/4/83; appeared late at 1/26 SAPC meeting; 
rescheduled for February meeting. 

B. Ed Whitmore - Certificate # 99^+ expired 6/29/80; letter-request 

for priority received by office 1/17/83. 

C. Charles Harris - Certificate #2^10 expired 1/18/83; letter- 

request for priority received by office 2/3/83. 

D. Tricia Huisman - Certificate #2407 expired 1/9/83; sent renewal 

payment postmarked 1/25/83; letter-request for priority 
received by office 2/9/83. 

HEARINGS ON ALLEGED VIOLATIONS (rescheduled from 1/26 SAPC Meeting) 



Certificate-Holder 



A. James Bazil 

B. David Braun 

C. John Dobson 

D. Beverly Nicole 

E. Robert Wild 



Alleged Violation(s) 

S.A.V. I 

S.A.V. II; III; IV Section 2 

S.A.V. II 

S.A.V. II; Advisory Committee 
Finding: S.A.V. IV Section 2 

S.A.V. IV Section 2; Advisory Com- 
mittee Finding: S.A.V. IV Sec. 2 



III REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Nancy Dong requests to take place of Clark Dong, on waiting 
list of applicants; Mr. Dong had applied 1/17/81 and is 
eligible for certification next month. 



IV 



NEW BUSINESS 



* * * 



45 Hyde Street, Room 319 



San Francisco, California 9^102 



(415) 558-3463 



City and County off San Francisco 



Art Commission 




Dianne Feinstein 
fKlO .IS MAYOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Pelur Rodriguez 
R<iv Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

February 22, 1983 
Public Library, Lurie Room 
Larkin and McAllister Streets 
San Francisco 

^MINUTES 



Joan Ellison 
DIRECTOR 



DOCUMENTS dept 

MAR 3 1983 

SAN FRANCISCO 



Present: Commissioners Taliaferro, Hanson, Goerner 

Chairman Taliaferro called the meeting to order at 2:37 p.m. 
Before proceeding with the items on the agenda, the Chairman read 
the entire text of the February 1, 1983 letter by Deputy City At- 
torney Boyajian. This was in response to questions submitted to 
the City Attorney by Program Director Lazar in August, 1982, re- 
garding the Art Commission's jurisdiction in suspension and revoca- 
tion of street artist certificates. Chairman Taliaferro stated that 
the letter's significance is that it clarifies the Art Commission's 
powers granted to it not only by the street artist ordinance but 
also by the Municipal Code. The Art Commission (it is now clarified) 
has the authority to suspend or revoke a street artist certificate 
for the following reasons: 

1) Displaying items in locations not designated for street 
artists but adjacent to street artist locations; 

2) Obstructing the duty of the Art Inspector or any staff 
member of the Art Commission; 

3) Assaulting (a) the Art Inspector or any staff person of 
the Art Commission, (b) another street artist, (c) a 
customer or any person at the artist's sales location; 

k) Violating the street artist regulations enumerated in 
the Police Code; 

5) Conducting business in a disorderly, improper or hazardous 
manner. 

In addition, the letter clarifies that the Art Commission "may 
... exercise its sound discretion as to whether said permit should 
be granted, transferred, denied or revoked." It also clarifies 
that the Commission has "express power to revoke for good cause 
under the street artist regulations and pursuant to its broad 
discretionary powers under Section 26 of Part III," Municipal Code. 

I REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 



(415) 558-3463 



A. Frank Ming Iu - Mr. Iu did not appear. No action was taken. 

Continued 

45 HYDE STREET, ROOM 319 SAN FRANCISCO 9^102 



STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 2 

B. Ed Whitmore - Certificate #99^ expired June 29, 1980; his letter- 
request for priority was received by the Program January 17, 1983. 
Mr. Whitmore submitted documents from his medical doctor and his 
psychiatrist. He told the Committee that he had had surgeries and 
breakdowns in 1977 but had continued to pay for his permit until 
June, 1980. He said he felt able to participate in the Program. 

Commissioner Goerner moved that Mr. Whitmore 's request for priority 
be recommended for approval. The motion was seconded by Commissioner 
Hanson and unanimously approved. 

C. Charles Harris - Mr. Harris did not appear. No action was taken. 

D. Tricia Huisman - Certificate #2*f07 expired January 9, 1983; Mrs. Huis- 
man's renewal payment was in an envelope postmarked January 25, 1983; 
her letter-request for priority was received by the Program on February 
9, 1983. Mrs. Huisman told the Committee that she had been suffering 
from arthritis, had asked her husband to mail the renewal payment, and 
he had delayed. 

Commissioner Goerner moved that Mrs. Huisman' s request for priority 
be recommended for approval. The motion was seconded by Commissioner 
Hanson and unanimously approved. 

Commissioner Goerner questioned Mrs. Huisman about her feelings 
toward the Art Inspector as expressed in her recent letters to the 
Mayor, Supervisor Nelder, and Commissioner Taliaferro - specifically, 
her statement that there was no need for an Art Inspector. Mrs. Huis- 
man replied that it was useless to have an Inspector who was not doing 
the job properly. The Commissioner questioned her about a report that 
she had had difficulties with the previous Inspector. Mrs. Huisman 
replied that she and the previous Inspector had "had some psychological 
differences." 

II HEARINGS ON ALLEGED VIOLATIONS (rescheduled from I/26/83 Program Committee 
Meeting) 

A. James Bazil - Program Director Lazar explained to the Committee that 
Mr. Bazil had been cited on November 5i 1982, for Street Artist Viola- 
tion I (FAILURE TO DISPLAY CERTIFICATE PROMINENTLY), and that this was 
in addition to the citation given on the same date for a violation 
relative to the display of his work. The latter violation had been 
acted upon by the Art Commission whose decision had been appealed to 
the Board of Permit Appeals and upheld by the Board. Mr. Bazil 's 
certificate was presently under a three-month suspension. 

Art Inspector Hamilton testified that she had had to ask Mr. 
Bazil for his certificate, and that he had taken it from his wallet 
to show her. 

Mr. Bazil stated that his display had not been fully set up. He 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 3 



submitted letters in his favor from street artists Tricia Huisman, 
Wayne Szwed, and Guy Holman. 

Ms. Hamilton stated that she felt he had been fully set up, and that 
this had been deemed to be the case by the Art Commission in its previous 
hearing with him. 

Mr. Bazil requested the Committee to find that a mistake had been 
made on November 5th, and that he sould be allowed to sell. 

Chairman Taliaferro moved to uphold the Art Inspector and that it 
be recommended that Mr. Bazil be found in violation, Street Artist Viola- 
tion I, and that his certificate be suspended for three days, in accord 
with the Violatior Code. The motion was seconded by Commissioner Goerner 
and unanimously approved. 

B. David Braun - Mr. Braun did not appear. Program Director Lazar reviewed 
the events of the case: Mr. Braun *s citation on July 31 » 1982, for 
allegedly selling items not in accord with criteria (S.A.V. II), items 
whose craft category was certified but were not of his own creation 
(S.A.V. Ill), and items whose craft category was not certified and were 

not of his own creation (S.A.V. IV, Section 2); the question raised earlier and at 

the last Program Committee hearing of the Art Commission's jurisdiction 

over an artist selling in a non-street artist location; the six-month 

delay in City Attorney response to the question; and the Advisory Committee's 

finding that Mr. Braun had been in violation, S.A.V. IV Section 2, at the 

time of citation. 

The Committee examined the photo taken at the time of citation. 
Chairman Taliaferro stated that, according to the recent City Attorney 
clarification, it appeared that Mr. Braun' s case was within the Art Com- 
mission's jurisdiction. 

Chairman Taliaferro moved to uphold the Art Inspector and finding 
of the Advisory Committee and that it be recommended that Mr. Braun be 
found in violation, Street Artist Violation IV, Section 2, that the 
penalty be suspended, and that any future violation of this type will 
warrant a one-year suspension of certificate. The motion was seconded 
by Commissioner Hanson and unanimously approved. 

C. John Dobson - Mr. Dobson did not appear. (This was the third time he had 
failed to appear.) Program Director Lazar reviewed the events of the 
case: Mr. Dobson 's citation on July 31 »' 1982 for allegedly selling items 
not in accord with criteria (S.A.V. II); the question concerning the Art 
Commission's jurisdiction over a street artist in a non-street artist 
location; and the six-month delay in receiving the City Attorney's clar- 
ification. 

The Committee examined the photo taken at the time of citation. 
Chairman Taliaferro moved that it be recommended that Mr. Dobson be 
found in violation, Street Artist Violation IV, Section 2, that the 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page k 

penalty be suspended, and that any future violation of this type 
will warrant a one-year suspension of certificate. The motion was 
seconded by Commissioner Hanson. 

Chairman Taliaferro withdrew his motion. Commissioner Hanson 
withdrew her second to the motion and moved that it be recommended 
that Mr. Dobson be found in violation, Street Artist Violation VIIB 
(FAILURE TO APPEAR AT HEARING WITH ADVISORY COMMITTEE OR STREET 
ARTISTS PROGRAM COMMITTEE, WHEN NOTIFIED, 2ND VIOLATION), and that 
Mr. Dobson* s certificate be suspended, in accord with the Violation 
Code, until his entire revocation procedure is completed. The motion 
was seconded by Commissioner Goerner and unanimously approved. 

D. Beverly Nicole - Mr. Lazar reviewed the events: Ms. Nicole's November 
20, 1982 citation for allegedly displaying items not in accord with 
criteria (S.A.V. II); the Advisory Committee's finding of S.A.V. IV, 
Section 2, for displaying haircombs that were not of the artist's 
own creation, and the Advisory Committee's inability to determine 
whether or not the earrings in the citation photo were in violation. 
The Advisory Committee had advised Ms. Nicole to show the earrings 

to the Program Committee. 

Ms. Nicole told the Commissioners that she was certified for 
feathercraft. Chairman Taliaferro asked her if she had made the 
haircombs. She replied that she had not. Chairman Taliaferro 
stated that the rule that an artist makes what the artist sells 
has been the basic tenet of the Street Artists Program since its 
inception over ten years ago. 

Commissioner Goerner moved to uphold the Advisory Committee's 
finding and that it be recommended that Ms. Nicole be found in viola- 
tion, Street Artist Violation IV, Section 2, that the penalty be 
suspended, and that any future violation of this type will warrant a 
one-year suspension of certificate. The motion was seconded by Com- 
missioner Hanson and unanimously approved. 

E. Robert Wild - Mr. Wild was cited on November 15, 1982 for S.A.V. IV, 
Section 2. The Advisory Committee's finding was that Mr. Wild had 
been in violation, S.A.V. IV, Section 2. This finding was acted 
upon by the Program Committee at its previous meeting (January 26) 
at which time Mr. Wild had failed to appear. The Program Committee 
had recommended that the Advisory Committee's finding be accepted 

and that Mr. Wild's certificate be suspended, in accord with the Code, 
for three months. On the day of the Art Commission's consideration 
of the recommendation, Mr. Wild came to the Program office to request 
that his case be referred back to Committee because he had not re- 
ceived, or read, the notice mailed to him of the previous Program 
Committee hearing. The Art Commission granted his request. 

Mr. Wild told the Commissioners that he did not disagree with 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 5 



the Advisory Committee's finding. 

Commissioner Hanson moved to uphold the finding of the Advisory 
Committee and that it be recommended that Mr. Wild be found in viola- 
tion, Street Artist Violation IV, Section 2, that the penalty be sus- 
pended, and that any future violation of this type will warrant a 
one-year suspension of certificate. The motion was seconded by Com- 
missioner Taliaferro and unanimously approved. 

III REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Nancy Dong - Mr. Shu-tang Dong, a certified street artist, appeared 
with his daughter Nancy and his son Clark to request that his daughter 
take his son's place on the waiting list of applicants. (Clark Dong 
had applied January 17 * 198l, and was presently eligible for exam- 
ination of his wares.) 

Commissioner Goerner stated that to grant such a request would 
be unfair to the approximately *KX) applicants on the waiting list, 
many of whom have waited as long as Mr. Dong's son. Commissioner 
Goerner moved that Mr. Dong's request for his daughter to take his 
con's place on the waiting list be recommended for disapproval. The 
motion was seconded by Commissioner Hanson and unanimously approved. 

IV NEW BUSINESS 

A. Request by Former Certificate-holder Cornelia LeMire for Priority in 
Issuance of Certificate - Mr. Lazar explained that Ms. LeMire had 
notified the Program office of the expiration of her certificate 
after the agenda had gone out . 

Ms. LeMire showed the Committee the envelope containing her 
renewal payment, erroneously addressed to "STREET ARTIST OFFICE, 
MISSION STREET & 3RD STREET, S F, CA" which had returned to her. 
Consequently, she had missed her deadline for renewal. 

Commissioner Hanson moved that Ms. LeMire 's request for priority 
be recommended for approval. The motion was seconded by Commissioner 
Goerner and unanimously approved. 

B. Request by Richard Wasserman for Rescission of Art Commission Resolu- 
tion Regarding Suspension of his Certificate and Referral Back to 
Committee - Mr. Lazar reported to the Committee that on February l^f, 
1983, Mr. Wasserman had called the office and stated that he had never 
received the letters mailed to him informing him of the Program Com- 
mittee's recommendation to suspend his certificate and the Art Com- 
mission's February 7th resolution approving the recommendation. Mr. 
Lazar showed the Committee the two letters which had been returned. 
They had been sent to an address different from Mr. Wasserman' s 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 2/22/83 Page 6 



present address. Mr. Wasserman had asked that he be heard by the 
Committee. 

Commissioner Goerner moved that it be recommended that Resolution 
# 198>J>-kkk regarding Richard Wasserman only be rescinded, and that Mr. 
Wasserman be notified to appear before the Street Artists Program Com- 
mittee in March. The motion was seconded by Commissioner Hanson and 
unanimously approved. 

Commissioner Goerner asked about the status of (a) the issue of 
criteria for engraving and (b) the issue of certifying recorded tapes 
of an applicant's music. Mr. Lazar responded that the Advisory Com- 
mittee would be holding a hearing on engraving in March, and that the 
Program has not yet received a City Attorney response to his letter 
of January 5> 1983 » regarding certification of recorded music. 

The meeting adjourned at 4:07 p.m. 

Respectfully submitted: 



OWk 



Howard Lazar 




City and County of San Francisco 



Art Commission 







a- w W w< • V I ti k 



NTS DEP T 



Dianne Feinstein 
MAYOR 

STREET ARTISTS PROGRAM COMMITTEE 



MAR 1 6 1983 



SAN FRANCISCO 
■ mpARV 



Joan Ellison 
DIRECTOR 



Commissioners 



Roselyne C. Swiy 

President I 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer II 

-Jjci|ueline Nemerovski 
William Paterson 
Pi««ro Patri 
IVlcr Ro(ln<)iKV 
K.iy T.ili.id'rro 

Hx Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Tuesday, March 22, 1983 - 2:00 p.m. 
Commissioners Room (3rd floor) , Public Library 
Larkin and McAllister Streets, San Francisco 

AGENDA 



REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Charles Harris (rescheduled from 2/22) - Certificate #2410 
expired 1/18/83; his letter-request received by office 2/3/83. 

B. Cynthia Anderson - Certificate #2652 expired 2/5/83; her letter- 
request received by office 3/4/83. 



HEARINGS ON ALLEGED VIOLATIONS 
Cert i f icat e-Holder 

A. Susan Sherriff 

B. Richard Wasserman 

C. Richard Webster 

D. Dolores Kalom 

E. Mitchell Paradise 

F. Matilde Cheng 

G. Winnie Man 

H. Joung Sun Park 
I. Dennis Klein 
J. Lisa Berkelhammer 
I. Latifa Rainbow 



Alleged Violation(s) 

S.A.V. IV, Section 2 

3 . II; IV, Section ?. 

Xy IV, Section 2 

II; assault and obstruction 
of duty of Inspector 

II; assault and obstruction 
of duty of Inspector 

II 

X,II; III 

II 

II; IV, Section 2 

II 

II, B 



III ADVISORY COMMITTEE: RECOMMENDATION OF CRITERIA FOR ENGRAVING 

IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Steven Phillips - applied 10/7/80; was notified for screening 
4/20/82 but did not appear; his request received 2/14/83. 

B. Zulima Gonzalez - requests that her partner Armand Frederick 
be certified; his name had not been listed on Ms. Gonzalez's 
application when filed. 

C. Bill Petitte - applied 2/6/81, was notified 5/82. 

V REQUEST BV CEWTIFICATE-HOLDER JAMES BAZIL FOR RE-HEARING OF 

NOVEMBER 5, 1982 PROGRAM COMMITTEE RECOMMENDATION 

VI NEW BUSINESS 



(416) 558-3463 



45 HYDE STREET, ROOM 319 



SAN FRANCISCO 94102 



am 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 



Joan Ellison 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriyuex 
Ray Taliaferro 

Fx Officio Members: 

Presidents o( the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

March 22, 1983 

Public Library - Commission Room 
Larkin and McAllister Streets 
San Francisco, California 

^MINUTES 



The meeting convened at 2:09 p.m. 

Present: Commissioners Taliaferro, Hanson, Goerner 



DOCUMENTS DEPT 

APR 4 1983 

SAN FRANCiSCO 

pi I, t i~ • ppoAoy 



Commissioner Goerner moved that the Minutes of the February 22, 1983 
meeting be approved; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Charles Harris (rescheduled from February 22; Certificate #2^10 
had expired January l8, 1983; his letter-request had been re- 
ceived by the Program office on February 3, 1983) Mr. Harris 
told the Committee that he had had upper respiratory problems 
when it had been time for him to renew. 

Commissioner Goerner moved that Mr. Harris 1 request be approved; 
the motion was seconded by Commissioner Hanson, and unanimously 
approved. 

B. Cynthia Anderson (Certificate #2652 had expired February 5> 
1983; her letter-request had been received by the office on 
March 4th) Ms. Anderson told the Committee that she had for- 
gotten to renew the certificate during the final week of its 
renewal period. 

Commissioner Hanson moved that Ms. Anderson's request be approved; 
the motion was seconded by Commissioner Goerner and unanimously 
approved. 

C. Nicole Steneck (Certificate #2590 had expired February 3, 1983; 
her letter-request had been received March 10) Ms. Steneck 
told the Committee that she had been out of town during her 
time of renewal, and that she had had her certificate for two 
years. 

Commissioner Goerner moved that Ms. Steneck 1 s request be ap- 
proved; the motion was seconded by Commissioner Hanson and 
unanimously approved. 



Continued, 



(415) 558-3463 



STREET ARTISTS PROGRAM COMMITTEE Page 2 

Minutes 3/22/83 



II HEARINGS ON ALLEGED VIOLATIONS 

A. Susan Sherriff (Ms. Sherriff had been cited on December 6, 1982 for 
Street Artist Violation IV, Section 2: "Category of Craft Not Certi- 
fied, and Items Displayed Are Determined to Be Not of Artist's Own 
Creation." On January 26, 1983, the Program Committee had referred 
the case to the Advisory Committee to review her items. On February 
22, 1983, the Advisory Committee reviewed her items - "decorated hats 
with feathers, flowers, sewing" - and unanimously disapproved the items.) 
Ms. Sherriff was not present when the Committee called her name. Com- 
missioner Taliaferro moved that she be found in violation, Street Artist 
Violation IV, Section 2, and that her certificate be suspended for 
three months; the motion was seconded by Commissioner Goerner and 
unanimously approved. Later on in the meeting, Ms. Sherriff appeared, 
and the Committee re-opened her hearing. 

Ms. Sherriff told the Committee that she had been cited for Section 1 
and not Section 2, and that she was now being charged with Section 2. 
Program Director Lazar explained that the office copy of her citation 
showed both "Section 1" and "Section 2" encircled, and that because 
the Art Commission had rescinded Section 1, the letter sent to Ms. 
Sherriff specified Section 2. 

Commissioner Hanson moved that the case be postponed until after the 
receipt of City Attorney clarification on whether it is within the 
authority of the Commission to find an artist in violation in accord 
with a violation number different from that for which the artist was 
given notice; the motion was seconded by Commissioner Goerner and 
unanimously approved. 

Commissioner Goerner considered that it would not be fair to ask Ms. 
Sherriff to return, and moved that the charges be dismissed. The 
motion was seconded by Commissioner Hanson and unanimously approved.* 

B. Richard Wasserman (Mr. Wasserman had been cited on December 6, 1982, for 
Street Artist Violation I: "Failure to Display Certificate Prominently"; 
Street Artist Violation II: "Category of Craft Certified, But One or 
More Items Displayed Do Not Meet Art Commission Criteria"; and Street 
Artist Violation IV, Section 2.) Mr. Wasserman told the Committee 
that he had not properly displayed his certificate. He also stated 
that he was certified to sell macrame, and that because the criteria 
for macrame does not include pendants, he felt he had not been in 
violation in displaying the pendants. 

Commissioner Taliaferro moved that Mr. Wasserman be found in violation, 
Street Artist Violation I, that his certificate be suspended for three 
days, and that the charges of Street Artist Violations II and IV, Sec- 
tion 2 be dismissed; the motion was seconded by Commissioner Goerner 
and unanimously approved. 

* Art Commission Resolution #1982-95 authorizes the Program Committee 
to dismiss charges of cases, provided that any aggrieved person may 
appeal such Committee decisions to the Art Commission. 



STREET ARTISTS PROGRAM COMMITTEE Page 3 

Minutes 3/22/83 

C. Richard Webster (Mr. Webster had been cited on December 7» 1982, 

for Street Artist Violation I and Street Artist Violation IV, Section 2.) 
Mr. Webster told the Committee that, with respect to S.A.V. I, it had 
been "negligence" on his part. He said that he had been having per- 
sonal problems and would appreciate a second chance. 

Commissioner Taliaferro moved that Mr. Webster be found in violation, 
Street Artist Violation I, that his certificate be suspended for 
three days, and that he be found in violation, Street Artist Violation 
IV, Section 2, but that the penalty be suspended; the motion was seconded 
by Commissioner Hanson and unanimously approved. 

D. Dolores Kalom (Ms. Kalom was being charged for Street Artist Violation 
II and for allegedly assaulting and obstructing the duty of the Art 
Inspector on August 1, 1982.) Ms. Kalom was not present. Chairman 
Taliaferro stated that the Program had been advised by the City At- 
torney's office to put over Ms. Kalom 1 s hearing until after the con- 
clusion of her criminal trial. Program Director Lazar requested the 
Committee's authorization to respond to Ms. Kalom' s attorney accordingly, 
but that to clarify that her hearing would be postponed on the condition 
that (as advised by the City Attorney) the criminal trial is concluded 

in the near future. Commissioner Goerner moved that the Program Director 
send such a letter; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

E. Mitchell Paradise (Mr. Paradise was being charged for Street Artist 
Violation II and for allegedly assaulting and obstructing the duty of 
the Art Inspector on August 22, 1982.) Mr. Paradise was not present. 
(Copies of his March 9, 1983 letter stating that he would not be able 
to attend had been sent to the Commissioners.) Commissioner Goerner 
moved that Mr. Paradise's hearing be put over for thrity days; the 
motion was seconded by Commissioner Hanson and unanimously approved. 
Commissioner Goerner asked Mr. Lazar to notify Mr. Paradise of the 
Committee's action. 

F. Matilde Cheng (Ms. Cheng had been cited on December 10, 1982, for 
Street Artist Violation I and Street Artist Violation II. She had 
accepted the standard penalty for S.A.V. I and had received a sus- 
pension from January 12 - 1^, 1983.) Ms. Cheng appeared with a 
translator who told the Committee that Ms. Cheng's items had been 
"leftovers" and that she was no longer displaying them. 

Commissioner Taliaferro moved that Ms. Cheng be found in violation, 
Street Artist Violation II, but that the penalty be suspended; the 
motion was seconded by Commissioner Hanson and unanimously approved. 

G. Winnie Man (Ms. Man had been cited on December 10, 1982, for Street 
Artist Violations I, II, and III.) Ms. Man did not appear. (The office 
had received her letter on March 15th, which stated that she would not 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page k 

Minutes 3/22/83 

be able to attend her Advisory Committee hearing on that date, due 
to leg injury from an automobile accident.) Commissioner Taliaferro 
moved that Ms. Man's hearing be put over for thirty days; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

H. Joung Sun Park (Ms. Park had been cited on December 10, 1982, for 
Street Artist Violations I and II. She had accepted the standard 
penalty for S.A.V. I and had received a suspension from January 12 - 
l*f, 1983.) Ms. Park appeared with a translator who told the Committee 
that Ms. Park had been trying to sell off her pendants from the pre- 
vious year's stock and that she would not sell them anymore. 

Commissioner Goerner moved that Ms. Park be found in violation, Street 
Artist Violation II, but that the penalty be suspended. The motion 
was seconded by Commissioner Hanson and unanimously approved. 

I. Dennis Klein (Mr. Klein had been -cited on December 10, 1982, for 

Street Artist Violation I and II. His certificate had been suspended 
for S.A.V. I from January 12 - 1*+, 1983.) Mr. Klein was not present. 
Commissioner Goerner moved that Mr. Klein's hearing be put over for 
thrity days; the motion was seconded by Commissioner Hanson and unan- 
imously approved. 

J. Lisa Berkelhammer (had been cited on December 10, 1982, for Street 
Artist Violations I and II.) Ms. Berkelhammer told the Committee 
that she had prominently displayed her certificate and that the 
notice given her by the Inspector did not specify S.A.V. I. 

Art Inspector Hamilton told the Committee that she had asked her for 
her certificate and that Ms. Berkelhammer had produced it from a 
wallet. 

Commissioner Goerner moved that the charge of S.A.V. I for Ms. Berkel- 
hammer be dismissed.; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

Ms. Berkelhammer told the Committee that she understood her items 
had been in violation. 

Commissioner Hanson moved that Ms. Berkelhammer be found in violation, 
Street Artist Violation II, but that the penalty be suspended; the 
motion was seconded by Commissioner Goerner and unanimously approved. 

K. Latifa Rainbow (Ms. Rainbow had been cited on December 10, 1982, for 
Street Artist Violations I and II-B. Her certificate had been sus- 
pended for S.A.V. I from January 12 - 1*+, 1983.) Ms. Rainbow was not 
present. Program Director Lazar informed the Committee that she had 
telephoned the office on March l?th to request that her hearing with 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE Page 5 

Minutes - 3/22/83 

both the Advisory Committee and Program Committee be scheduled in 
May, as she would be back in the country on May 7th. Commissioner 
Coerner moved that Ms. Rainbow's hearing be put over to May; the 
motion was seconded by Commissioner Hanson and unanimously approved. 

III ADVISORY COMMITTEE: RECOMMENDATION OF CRITERIA FOR ENGRAVING 

Mr. Lazar informed the Committee that the Advisory Committee had scheduled 
another hearing on engraving criteria, for April. 

IV REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Steven Phillips (Mr. Phillips had applied October 7, 1980, had been 
notified for screening April 20, 1982, but had not appeared; his 
request for priority had been received February 14, 1983.) Mr. Phil- 
lips told the Committee that, while he had been away, a person staying 
in his house had not forwarded the mail to him. 

Commissioner Goerner moved that Mr. Phillips* request be approved; the 
motion was seconded by Commissioner Hanson and unanimously approved. 

B. Armand Frederick Mr. Frederick appeared with certificate-holder 
Zulima Gonzalez who told the Committee that at the time she had ap- 
plied, she had put her company's name and her own name on the applica- 
tion and had not known that she should have placed her partner's name, 
Armand Frederick, on it as well in order for him to be certified at 
the same time. They showed the Committee their present State Seller's 
Permit and a copy of their Seller's Permit at the time of her applica- 
tion with the Art Commission: the Permits listed both names. 

Commissioner Hanson moved that Mr. Frederick's request be approved; 
the motion was seconded be Commissioner Goerner and unanimously 
approved. 

C. Bill Petitte (Mr. Petitte had applied February 6, 198l, and had been 
notified in May, 1982.) Mr. Petitte told the Committee that he had 
moved and his mail had not been forwarded to his new address. 

Commissioner Hanson moved that Mr. Petitte's request be approved; the 
motion was seconded by Commissioner Goerner and unanimously approved. 

V REQUEST BY CERTIFICATE-HOLDER JAMES BAZIL FOR RE-HEARING OF NOVEMBER 5, 

1982 PROGRAM COMMITTEE RECOMMENDATION 

Mr. Bazil did not appear. Commissioner Taliaferro moved that Mr. Bazil's 
request be disapproved; the motion was seconded by Commissioner Goerner 
and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 6 

Minutes - 3/22/83 

VI NEW BUSINESS 

"Allowable Time Period" Provision 

Mr. Lazar informed the Committee of a recent conversation with Deputy- 
City Attorney Boyajian, regarding the Street Artist Violation Code's 
provision of "allowable time periods for repeat violations." According 
to the Deputy City Attorney, the provision appears vague in determining 
a time period: possible interpretations might be (a) from the date of 
the previous violation; (b) from the date of the previous Art Commission 
resolution; (o>) the date of the previous Board of Permit Appeals deci- 
sion; or (d) the date of the previous suspension period. Presently, the 
certificate of Penny Valle is under a one-year suspension (December 20, 
1982 - December 19, 1983). Ms. Valle 's violation had been considered a 
repeat violation within a two-year allowable time period from the date 
of her previous suspension period. Because of the "time period" pro- 
vision's vagueness, Mr. Lazar requested that the Committee recommend 
that the Commission rescond its resolution #1982-398 as it pertains to 
"second violation" only and that it find Ms. Valle in first violation 
which warrants a three-month suspension. 

Commissioner Hanson moved that Art Commission resolution #1982-398 as it 
pertains to "second violation" only be rescinded and that Ms. Valle be 
found in first violation; the motion was seconded by Commissioner 
Goerner and unanimously approved. 

Waiver of Charge for Returned Check Without Payment 

Mr. Lazar informed the Committee of his receipt of written clarification 
by Chief Assistant Treasurer Gin L. So on the collection of charges for 
returned checks. Since 1979, the Program has collected a $10 Treasurer's 
fee for all returned checks without payment (for certification fees); this 
has been in accord with San Francisco Administrative Code Section 10.13-1. 
Recently, a street artist contested paying the Treasurer's fee; her bank 
supported her contention that her checkbook had been stolen and a forger 
had depleted her funds. This had prompted Mr. Lazar to seek clarifica- 
tion from the Treasurer. Mr. So's memo-response states: "Each department 
shall have the discretion to waive this penalty if it can be proven that 
it was caused by extenuating circumstances beyond their control, such 
as bank errors." Mr. Lazar told the Committee he would not use such 
discretion without authorization by the Art Commission for every case. 

Commissioner Hanson moved that the collection of the charge for personal 
check returned without payment, written by Leslie Ovechka, be waived; 
the motion was seconded by Commissioner Goerner and unanimously approved. 

Moratorium on Certification for Engraving 

Art Inspector Hamilton reported that the Advisory Committee had requested 
a moratorium on the certification of engraving, pending the Art Commis- 
sion's decision on new criteria for engraving. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE Page 7 

Minutes - 3/22/83 



Commissioner Goerner moved that a one-month moratorium be imposed 

on certification of engraving; the motion was seconded by Commissioner 

Hanson and unanimously approved. 

Uranium in Cloisonne Jewelry 

Commissioner Goerner expressed concern over a recent report on uranium 
content in the glaze painted on cloisonne jewelry. Art Inspector Hamilton 
told the Committee she had received a press release from the Nuclear 
Regulatory Commission which states that "the staff has concluded that 
normal use of Lhc jewelry does not constitute an immediate or significant 
health hazard. ... M Commissioner Goerner asked Mr. Lazar to call Dr. 
Silverman of the Department of Public Health and find out his position 
on this. 

The meeting adjourned at 3*25 p.m. 

Respectfully submitted: 

Howard Lazar 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 



^ STREET ARTISTS PROGRAM COMMITTEE 



Joan Ellison 
DIRECTOR 



Commissioners 



Uoselyne C. Swiy 
Preside n I 

Dmilri Vedensky, Jr. 

Vice President T 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Robert LaKocca 

Jo Hanson 

Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Kay Taliaferro 

Fx Officio Members: 

Presidents of tlie 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park II 
Commission 



Tuesday; April 26, 1983 - 2:00 p. my N TS D E Pf 

APR 2 5 1983 



Public Library, Main Branch 
Commission Room (3rd floor) 
Larkin and McAllister Streets 
San Francisco 



SAN FRANCISCO 



' O A D V 



AGENDA 

REQUESTS BY FORMER CERTIFICATE -HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Frank Ming Iu (rescheduled from 2/22) - Certificate #2683 expired 

12/15/82 ; sent renewal payment 1/4/83. 

B. David Moses - Certificate #2655 expired 2/9/83; request for pri- 

ority received by office 3/21/83. 

C. Joseph Beckman - Certificate #2378 expired 3/16/83; request for 

priority received by office 4/1/83. 

D. Abraham Petrow - Certificate #2672 expired 3/8/83; request for 

priority received by office 4/1/83. 

E. Richard Ashton - Certificate #442 expired 3/16/83; request for 



priority received by office 4/6/83. 



HEARINGS ON ALLEGED VIOLATIONS 
A. Mitchell Paradise 



B. Winnie Man 

C. Dennis Klein 

D. John Osterhaug 

E. Sheryl Breaux 



F. Ronald Breaux 

G. Gerald Luckham 

H. Roger Dandridge and 
Cheryl Maxa 



Alleged Violation(s) 



S.A.V. II; assault and obstruction of 
duty of Art Inspector 

S.A.V. I; II; III 

S.A.V. II; IV Section 2 

S.A.V. II 

S.A.V. II; III; IV Section 2; obstruction 
of duty of Art Inspector 

Obstruction of duty of Art Inspector 

S.A.V. II; IV Section 2 

S.A.V. I; II; IV Section 2 
ti it n 11 it 



III CRITERIA FOR ENGRAVING (RECOMMENDATION FROM ADVISORY COMMITTEE 
OF STREET ARTISTS AND CRAFTSMEN EXAMINERS) 



(agenda continued on reverse) 



45 Hyde Street - Suite 319 - San Francisco, California 94102 



(415) 558-3463 



STREET ARTISTS PROGRAM COMMITTEE - V26/85 AGENDA (continued) 



IV APPEAL BY SUSAN SHERRIFF OF ADVISORY COMMITTEE'S 2/22/83 DISAPPROVAL 

OF MS. SHERRIFF'S ITEMS 

V BALLOT MEASURE TO AMEND SECTION 6 OF PROPOSITION "L" (1975 ELECTION) 

BY PROVIDING THE STREET ARTIST WITH OPTION TO PURCHASE QUARTERLY 
OR YEARLY CERTIFICATE; AND BY PROVIDING FOR BOARD OF SUPERVISORS 
TO INCREASE FEE WHEN NECESSARY TO MAINTAIN ADMINISTRATION AND 
AND ENFORCEMENT OF STREET ARTISTS PROGRAM 

VI NEW BUSINESS 



City and County of San Francisco 

A70,7£ 



Art Commission 




STREET ARTISTS PROGRAM COMMITTEE 



Tuesday f April 26, 1983 

Public Health Building, Room 300 

101 Grove Street, San Francisco 

^MINUTES 



The meeting convened at 2:10 p.m. 

Present: Commissioners Taliaferro, Goerner, Hanson. 
President Swig. 



DOCUMENTS DEPT. 

MAY 4 1983 

SAN FRANCISCO 
PUBLIC I mn A py 



Also present: 



Due to an announcement that the Committee would hold a discussion on 
terminating the Art Commission's responsibility for the Street Artists Pro- 
gram, an audience of approximately 150 artists attended the meeting. The 
item was taken under "New Business." 

Chairman Taliaferro related the history of the Street Artists Program 
since its establishment in 1972 as a program under which licenses would be 
issued for street artist activities in certain public areas. He pointed 
out that the Program has been self-sufficient from the permit (certification) 
fees, that the fee has remained the same since 1972, and that the City has 
never given the Art Commission funds to operate the Program. He questioned 
whether any agency could operate effectively and competently with resources 
as limited as the Street Artists Program's. He enumerated the major problems: 

1) Advisory Committee Examinations of Street Wares - inability to ef- 
fectively determine whether or not an applicant makes his items, due to lack 
of resources to provide studio visits; 

2) Lottery Practices - cheating, trading of lottery numbers, disputes 
over the "squeezing" of setups illegally between spaces; 

3) Violation Hearing Procedure - because an alleged violator's entire 
hearing procedure (two Committees, Art Commission, and Board of Permit Ap- 
peals) may encompass five or six months, ongoing violations by the same 
individual take a long time to correct; 

k) Criminal Incidents - Art Commissioners, not having been educated 
in criminal prosecution, are now asked to handle assault and battery cases; 

5) Lack of resources; 

6) Lack of staff; 

7) Lack of any real authority to limit the number of permits; 

8) Lack of quality control over what is being sold on the streets. 

The Chairman estimated what the Program would cost if it were to go 
to the Police. Given, primarily, the additional staff needs of the Police, 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - V26/83 Page 2 



the District Attorney, and the Public Defender, the cost of operating 
just the enforcement aspect of the Program would be $2^0,000, as compared 
with the present budget of $^8,000. If the Program were to remain under the 
Art Commission, a budget increase would be needed for additional Advisory- 
Committee examinations of wares, City Attorney fees, and an additional 
Street Art Inspector (the Chairman mentioned that not even a part-time 
Police officer would receive the 117,000 salary received by the Art Com- 
mission's Inspector). Unless there were radical legislative changes, a 
strong commitment on the part of the artists to comply with the regulations, 
and more funds, the Chairman would recommend to the Board of Supervisors 
that the Art Commission's responsibility for the Program be terminated. 

Attorney Ephraim Margolin stated that because the Art Commission has 
responsibility for the Program, it also has responsibility for an orderly 
turnover. He said that the people he represented wanted the Commission to 
continue doing the job, and that his clients would be willing to try to 
work out solutions to several of the Chairman's grievances. 

The Committee heard from the following street artists: Victor Pizarro; 
Linda Stark (President of the Street Artists Association); Katrina Broomall, 
who presented a petition of l*fO signatures obtained at the lottery, request- 
ing the Commission to remain the administrative agency of the Program; David 
Moses; Douglas Smith; Vicky Carp; James Millard; Wayne Konkright; Mark Kielty 
(member of the Art Commission's 1980 "Blue Ribbon Committee" of artists and 
merchants studying the Program); Mitchell Paradise. The following points 
were made: The certificate fee is "absurdly low" and it would be "reasonable" 
to double or triple it. ... More street inspection is needed on a consistent 
basis. ... The lottery system needs improvement. ... Some "judging" of the 
wares should be done. ... There should be a stronger Advisory Committee to 
"disallow bad work." ... The "adversary position" of the artists and Art 
Commission has deteriorated the quality of the Program and has pulled both 
parties apart. ... Every street artist should sign a statement that he/she 
understands the rules. ... The Lottery Committee has begun to consider 
revising its rules and offers to help the Commission to change them. ... 
Artists convicted of street artist violations should pay a fine. ... Artists 
should pay for their studio inspection. ... 

Commissioner Goerner stated that part of the problem is the attitude 
toward inspection, that when inspection resumed after a two-year absence, the 
attitude toward any kind of enforcement was disturbing. He added that his 
Committee had heard the same kinds of promises and guarantees before, and 
that if the Program's experience of the previous six months continues, the 
Program should go to the Police. 

Chairman Taliaferro stated that two issues could be addressed at the 
November ballot: (l) The Board of Supervisors to receive the power to set 
the certificate fee rate; and (2) the Supervisors to have the power to limit 
the number of certificates. 

President Swig stated that a ballot measure in November would provide 
five months for a review of the Program's needs, and that, in case the 
people do not vote for the Art Commission's measure, there should be a 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - h/ZG/'6j> Page 3 



back up measure, or else the Program would remain as it is. 

Commissioner Goerner asked the audience for a show of hands of those 
who favored continuation of the Program under the Art Commission; the 
response was unanimous. He asked how many favored stricter enforcement; 
unanimous. He asked how many wanted the Program to go to the Police; one 
person raised his hand. 

Commissioner Hanson stated that one of the things learned in the past 
decade is that government is by consent, and that without consent, there 
is no government. She felt there was a strong need for a situation of 
commitment on the part of the artists to the Program and a sense of col- 
laboration between the Commission and the artists. Commissioner Hanson 
moved that the Committee accept the invitation to meet with the artists; 
however, if the problems are insolvable, the Committee would plan to turn 
over the Program to another agency. The Commissioner amended her motion 
to state that the meetings of the Committee with the artists and merchants 
produce recommendations within thirty days from the present date. The 
motion was seconded by Commissioner Goerner and unanimously approved. 

The Committee requested Program Director Lazar to obtain a room for 
a meeting on Wednesday, May *fth, at 1:00 p.m. 



Commissioner Hanson moved that the minutes of March 22, 1983 Program 
Committee meeting be approved; the motion was seconded by Commissioner 
Goerner and unanimously approved. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Frank Ming Iu - Mr. Iu was not present; his request was not considered. 

B. David Moses - Certificate #2655 expired February 9, 1983; his request 
for priority had been received by the office March 21, 1983. Mr. Moses 
appeared. Commissioner Taliaferro moved that Mr. Moses 1 request be 
approved ; the motion was seconded by Commissioner Goerner and unanimously 
approved. 

C. Joseph Beckman - Certificate #2378 expired March 16, 1983; his request 
for priority had been received April 1, 1983. Mr. Beckman appeared. 
Commissioner Goerner moved that Mr. Beckman' s request be approved ; the 
motion was seconded by Commissioner Hanson and unanimously approved. 

D. Abraham Petrow - Certificate #2672 expired March 8, 1983; his request 
for priority had been received April 1, 1983. Mr. Petrow appeared. 
Commissioner Taliaferro moved that Mr. Petrow' s request be approved ; 
the motion was seconded by Commissioner Hanson and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - k/26/83 Page k 



E. Richard Ashton - Certificate #kk2 expired March 16, 1983; his request 
for priority had been received April 6, I983. Mr. Ashton appeared. 
Commissioner Taliaferro moved that Mr. Ashton' s request be approved ; 
the motion was seconded by Commissioner Hanson and unanimously approved. 

II HEARINGS ON ALLEGED VIOLATIONS 

A. Mitchell Paradise (Mr. Paradise had been cited on August 22, 1982 for 
Street Artist Violation II: "Category of Craft Certified, But One or More 
Items Displayed Do Not Meet Art Commission Criteria." According to the 
Art Inspector, Mr. Paradise had, on the same date, allegedly assaulted 

and obstructed the duty of the Inspector. This case had been held in file, 
at the City Attorney's recommendation, pending clarification of the Art 
Commission's jurisdiction over cases involving assault and obstruction 
of duty; clarification was written on February 1, 1983» whereupon Mr. 
Paradise was sent notice to appear for hearings. In its review on April 
19th of alleged violation II only, the Advisory Committee found that (a) 
Mr. Paradise's wares shown in the citation-photo had been in violation, 
and (b) his work shown to the Committee was in violation - "Pendants in 
violation.") Mr. Paradise appeared. 

Commissioner Taliaferro asked Inspector Hamilton if there were witnesses 
to the alleged assault. Ms. Hamilton replied that there were none. 
Commissioner Taliaferro said that it was a criminal matter to be handled 
by the court, and that it would be the Commission's responsibility to 
take into consideration the court's findings on a criminal case. As 
there were no witnesses on the Inspector's behalf, Commissioner Taliaferro 
moved to dismiss the charges of assault and obstruction of duty ; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

Commissioner Taliaferro moved to accept the findings of the Advisory Com- 
mittee, that Mr. Paradise be found in violation. Street Artist Violation 
II, but that the penalty be suspended, and that any future 
violation of this type will be considered as a second violation ; the 
motion was seconded by Commissioner Hanson and unanimously approved. 

B. Winnie Man (Ms. Man had been cited on December 10, 1982 for Street Artist 
Violations I: "Failure to Display Certificate Prominently"; II; and III: 
"Category of Craft Certified, But One or More Items Displayed Are Not of 
Artist's Own Creation." In its review on April 19th, the Advisory Com- 
mittee found that (a) Ms. Man's wares shown in the citation- photo had 
been in violation, and (b) her work shown to the Committee was acceptable.) 
Ms. Man appeared with an interpreter. 

The interpreter told the Committee that Ms. Man agreed she had been in 
violation and promised never to repeat the mistakes. 

Commissioner Taliaferro moved that Ms. Man be found in violation. Street 
Artist Violations I, II, and III, but that the penalty be suspended, and 
that any future violations of these types will be considered as a second 
violation; the motion was seconded by Commissioner Hanson and unanimously 
approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - k/26/83 Page 5 



C. Dennis Klein - Program Director Lazar told the Committee that he 

had been notified that Mr. Klein was out of the country. Commissioner 
Goerner moved that Mr. Klein's hearing be put over until his return; 
the motion was seconded by Commissioner Hanson and unanimously approved. 

D. John Osterhaug (Mr. Osterhaug had been cited on December 10, 1982, for 
Street Artist Violations I and II. He had accepted the standard penalty 
for S.A.V. I and his certificate had been suspended January 12 - 1*+, 1983. 
In its review on April 19th, the Advisory Committee found that (a) Mr. 
Osterhaug' s wares shown in the citation-photo had been in violation, and 
(b) his work shown to the Committee was acceptable.) Mr. Osterhaug ap- 
peared. 

Commissioner Taliaferro moved that Mr. Osterhaug be found in violation . 
Street Artist Violation II, but that the penalty be suspended, and that 
any future violation of this type will be considered as a second violation ; 
the motion was seconded by Commissioner Hanson and unanimously approved. 

E. Sheryl Breaux - Mr. Lazar told the Committee that he had been notified 
by Mr. Ron Breaux that both Ron and Sheryl Breaux would be unable to at- 
tend their hearings this month and requested rescheduling for the fol- 
lowing month. Commissioner Goerner moved that Ms. Breaux's hearing be 
put over for thirty days; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

F. Ron Breaux - Commissioner Goerner moved that Mr. Breaux's hearing be put 
over for thirty days; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

G. Gerald Luckham (Mr. Luckham had been cited on December 18, 1982, for Street 
Artist Violations I, II, and IV, Section 2. He had accepted the standard 
penalty for S.A.V. I and his certificate had been suspended January 27 - 

29 1 1983. In its review on April 19th, the Advisory Committee found that 
Mr. Luckham 's wares shown in the citation-photo had been in violation - 
"belt buckles not attached to belts ... he only violated ... II - not 
IV, Section 2".) Mr. Luckham appeared. 

Commissioner Taliaferro moved that Mr. Luckham be found in violation. 
Street Artist Violation II, but that the penalty be suspended, and that 
any future violation of this type will be considered a second violation; 
the motion was seconded by Commissioner Goerner and unanimously approved. 

H. Roger Dandridge and Cheryl Maxa - Mr. Lazar told the Committee that he had 
received word that both Mr. Dandridge and Ms. Maxa were unable to appear. 
Commissioner Goerner moved that the hearings for Mr. Dandridge and Ms. Maxa 
be put over thirty days; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

Ill ADVISORY COMMITTEE RECOMMENDATION ON CRITERIA FOR ENGRAVING 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - V26/83 Page 6 



Mr. Lazar presented the Advisory Committee's recommendation of April 12th: 
"The only items that may be engraved upon and displayed are items that 
have been certified as the artist's own creation. " Under this criteria, 
artists could not display engraved items which they do not make; similarly, 
artists could not engrave upon items brought to them by customers. 

Attorney Regina Sneed requested a grace period with a deadline of September 
6th (the day after Labor Day) for the engravers to terminate their display 
of engraved items they do not make. 

Commissioner Taliaferro moved that the Advisory Committee's recommendation 
of criteria for engraving be approved, and that a grace period with a dead- 
line of September 6th be imposed upon the Program's engravers to terminate 
their display of engraved items they do not make, and that during this 
grace period, the engravers be notified of the new criteria ; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

IV APPEAL BY SUSAN SHERRIFF OF ADVISORY COMMITTEE'S 2/22/83 DISAPPROVAL 

Mr. Lazar informed the Committee that Ms. Sherriff had told him she wished 
to defer her appeal to the following month. Commissioner Hanson moved that 
Ms. Sherriff's hearing be put over for thirty days; the motion was seconded 
by Commissioner Goerner and unanimously approved. 

V NEW BUSINESS 

A. Stockton Street Spaces - Ms. Eunice Rodriguez told the Committee that 
Officer Ray West of Central Station's Permit Section had never received 
notice of DPW's painting white the curb zone on Stockton Street by the 
Hyatt Hotel, and that Mr. Lazar also stated that the Street Artists 
Program had never been notified either. The white curb has made the 
eight street artist spaces illegal. She requested the Art Commission 
to take action. 

Mr. Lazar told the Committee that one possible course of action would 
be to request the Supervisors to retain by resolution the spaces on a 
temporary year-to-year basis, as in the case of the Beach Street spaces 
- provided, of course, that the City Attorney finds that it is possible 
to retain spaces adjacent to a white zone. 

Commissioner Taliaferro moved that a letter be sent to the Board of 
Supervisors to request that the Board do whatever is possible to re- 
tain the eight street artist spaces on Stockton Street, west side, 
between Post and Sutter Streets; the motion was seconded by Commissioner 
Hanson and unanimously approved. 

B. Francisco Rappa - Certificate # 27 / *0 expired March 30, 1983; his request 
for priority in issuance of new certificate had been received April 21, 
1983. Mr. Rappa appeared. Commissioner Goerner moved that Mr. Rappa 's 
request for priority be approved; the motion was seconded by Commis- 
sioner Hanson and unanimously approved. 

The meeting adjourned at *+:50 p.m. Respectfullv submitted 

S Howard Lazar 



City and County of San Francisco 

Dianne Feinstein 
A IV, 'O MAYOR 




Art Commission 



Joan Ellison-Wong 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



DOCUMENTS DEPT. 

MAY 2 1983 

SAN FRANCISCO 
PUqLIO » irrapv 

C STREET ARTISTS PROGRAM COMMITTEE 
SPECIAL MEETING ON LEGISLATION FOR STREET ARTISTS PROGRAM 

Wednesday, May k, 1983 

1:30 p.m. 

Public Health Building 

Room 300 (3rd floor) 

101 Grove Street (at Polk Street) 

San Francisco 



AGENDA 



PROPOSALS FOR LEGISLATION 



II NEW BUSINESS 



(415) 658-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 



^ Art Commission 




STREET ARTISTS PROGRAM COMMITTEE 



Special Meeting on Legislation 
for Street Artists Program 

^ May 4, 1983 

Public Health Building, Room 300 
101 Grove Street, San Francisco 

^.MINUTES 



Commissioners Present: Taliaferro, Goerner, Hanson 



uGCUi'viEfMTS DEPT. 

MAY 2 7 1983 

SAiM FkAiM CiSCO 
P" D! IC 1 IPKARY 



Chairman Taliaferro called the meeting to order at 1:30 p.m. and 
stated that, two days earlier, the Art Commission voted to place on the 
November ballot a measure to provide the Board of Supervisors with 
power to increase the street artist certificate fee and to provide 
artists with the option to purchase a yearly certificate. In order to 
meet the Board of Supervisors' May l8 deadline of receiving legislation 
for the November ballot, the Art Commission had taken its vote subject 
to confirmation by the Program Committee at this meeting. Chairman 
Taliaferro recommended that the Board of Supervisors be asked to further 
amend the ordinance by providing the Board with the authority to limit 
the number of certificates. 

Attorney Ephraim Margolin stated that he had met with many artists 
and was authorized by them to make recommendations that would entail 
saving money for the Art Commission and improvement of the Program. 
He suggested that the Commission's legislation be placed at the next 
election following November in order to see if his recommendations would 
work. He suggested the following: (l) the establishment of a "street 
artist peer review" to handle violation cases, the "peer review" done 
by rotation so that no artist would know who would be judging his viola- 
tion. An artist, upon receiving a certificate, would agree to contribute 
time for this. Decisions by the "peer review" would be appealed to the 
Art Commission; (2) the levying of an application fee on applicants in 
order to cover the expenses related to the Advisory Committee's studio 
visits; (3) the appointment of a street artist to the Advisory Committee; 
(k) the establishment of a yearly renewal of certificates which would 
save staff time; (5) the establishment of a limit on certificates, tied 
to a ratio of viable spaces but not falling below the present number of 
certificates. Mr. Margolin requested that the Committee appoint someone 
to meet with him and his clients, and stated that self-regulation has 
enough promise ir> it to defer a vote of increased fees. 

Chairman Taliaferro responded with the following: (l) there is a 
direct conflict of interest with street artists having the authority 
to screen the wares of other street artists and to review the violations 
of other street artists; (2) an application fee is an excellent proposal 
and in keeping with other departments who charge fees to review projects; 
(3) the problem of artists' setups "squeezed" illegally between legal 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 5/V83 Minutes Page 2 



spaces exemplifies the ongoing disobedience to the rules and regulations; 
if the artists want to legalize "squeezing" they would have to change 
the ordinance; there is no compromise, however, on whether or not the 
Program should be enforced; (k) the lottery (space-assignment procedure) 
should be operated by the Art Commission's staff, as the Commission is 
responsible by law for the lottery; lacking staff, the Commission has 
allowed the artists to run the lottery, and this exemplifies the question 
of the Art Commission having the resources to properly run the Program; 
(5) the Board of Supervisors should limit the number of certificates as 
it does with other permits. The present number of certificate-holders 
should be the bottom number. At present, the Art Commission is follow- 
ing the artists' recommendation of screening newcomers in accord with 
the number of persons giving up their certificates; (6) as the City 
Attorney clarified years before that street artists may not serve on 
the Advisory Committee, due to conflict of interest, artists may elect 
someone to attend every meeting and to report the actions at the following 
lottery. 

Commissioner Hanson observed thc.t the Street Artists Program started 
out with certain ideals as an art program, then incurred more and more 
problems until the Commission reached an attitude that the Program may 
not be an art program at all but should be turned over to the Police. 
She said that new attitudes, new ideas, and certain turnarounds would 
have to be considered. The present format of a hearing made it difficult 
to explore new directions; the Commissioners and the artists were still 
in an adversary position. She questioned whether there was a way to 
approach the issues differently. 

Chairman Taliaferro stated that they shouldn't delude themselves 
that the Program can, at present, be operated fiscally. He said that 
nearly all the street artists he has talked with over the past three 
weeks felt they could take a raise in their fee if it were justified. 

Commissioner Goerner questioned Mr. Margolin about the actual 
number of artists he represented and whether his usage of the word 
"unanimity" meant "interest" or "overall vote" of the street artists. 
Mr. Margolin replied that his meeting was attended by about forty artists, 
some of whom had been on the Art Commission's "Blue Ribbon Committee" 
reviewing the Street Artists Program and some from the Street Artists 
Association. He said that seven notices of the meeting had been issued 
in a five-day period. 

Commissioner Goerner stated that he still was not convinced that 
the purvue for the Program should remain with the Art Commission. He 
said he had an entire folder of street artist complaints, mostly about 
lack of enforcement, a folder on lottery problems, a folder of merchants' 
complaints that the Art Commission isn't doing its job, police complaints 
... If any legislation that would help enforce the Program were delayed, 
there would be a year and a half of inadequate enforcement. He added 
that he could not visualize a peer group operating successfully because 
of peer pressure itself. Furthermore, economic "viability" could be 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 5/V83 Minutes Page 3 



discussed ad infinitum; what the Commission needs, however, is the 
mechanics to run its Street Artists Program - if it decides to continue 
to run it. Otherwise, the Program should go to an agency which could 
properly operate it. 

Mr. Lloyd Pflueger, General Manager of the Downtown Association of 
San Francisco, told the Committee that his organization's primary con- 
cern is that the Art Commission might relinquish the Program, and the 
Downtown Association did not want to see this happen. There should, 
he said, be proper policing of the Program by the Art Commission; the 
Police Department should deputize the Commission with more enforcement 
capability than it has. He added that it was unfortunate that the Com- 
mission has no authority over unlicensed persons. Policing is the key 
to the Street Artists Program. Because the Police Department has always 
told the Downtown Association that street artist enforcement is low 
priority, the Association feels that the job should be properly done by 
the Art Commission. In order to receive the necessary staff for this, 
Mr. Pflueger said he would support the Art Commission's ballot argument 
and would write one himself. 

Chairman Taliaferro cited the Art Commission's responsibility to 
the citizens, the visitors to the city, the 600 certified street artists 

- a number greater than that belonging to the Street Artists Association 

- and the merchants. He concluded that the Art Commission has a direct 
legal responsibility to these parties to properly govern its Program. 
He urged that the Commission ask the Board to place on the November 
ballot the two proposed amendments to the street artist ordinance. He 
also urged that concerned street artists continue to meet with thw Pro- 
gram's staff in developing recommendations. 

The Committee received testimony from street artists Bennett Weiss 
(The Commission shouldn't go to the ballot "piecemeal with just two items"), 
Mark Kielty (Money may not solve the Program's problems), and Mitchell 
Paradise (More money is not the answer; the true answer is to redesign 
the Prqgram to operate more efficiently). 

Commissioner Hanson moved that the Committee sustain the ballot 
measure adopted as Resolution 1983-390 by the full Art Commission on 
May 2, 1983. The motion was seconded by Commissioner Goerner and unani- 
mously approved. 

Commissioner Hanson moved that an early meeting time be established to 
begin exploration of the Street Artists Program's problems. The motion 
was seconded by Commissioner Goerner and unanimously approved. 

Mr. Margolin requested the Committee to furnish a list of problem 
areas. The Committee directed Mr. Lazar to send him a copy of the Com- 
mittee's April 26, 1983 Minutes. Mr. Margolin said that as soon as he 
received the Minutes, he would set up a meeting. 



The meeting adjourned at 3:50 p.m. 



Respectfully submitted: 



Howard Lazar 



City and County of San Francisco 



/v\juh dU^t^ ydlurt^ 



Art Commission 




Piannc Feinstein 
MAYOR 



Commissioners 



Wuselyue C. Sw/iij 
PrusicJenl 

Dmitri Vedensky, Jr. 
Vice President 

Veriiun Alley 
Timothy Duncan 
Predrick Goemer 

Uubuil LttitUCCil 

Jo Hanson 

Jacqueline Nemerovski 
William Palerson 
Piero Palri 
Peler Kodriyuez 
Hay Taliaferro 

fix Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



LA^u'frtEiMTS DEPT 

Joan i£llison 

MAY 2 1983 D »* ECTQ « 

STREET ARTISTS PROGRAM COMMITTE^ nn, £ R f j^Sf 00 

Tuesday, May 2ft_, 1983 - 2;Q0 p.m. 

Main Library - Commission Room (3rd floor) 
Larkin and McAllister Streets, San Francisco 

.-=- A G E N D A 



REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Miriam Berntsen - Certificate #27^ expired ^/5/83; her letter- 
request for priority received by office *f/25/83. 

B. Christine Hince - Certificate #617 expired ^/9/83; sent renewal 
payment 5/3/83. 

C. Caroline Laib - Certificate #1163 expired k/l 3/83 > request for 
priority received 5/12/83. 

D. Michael Norris - Certificate # 116*1- expired ^/13/83; request for 
priority received 5/12/83. 

II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Susan Barreto and Presentacion Barreto - applied 10/21/80; 
responded on 3/10/82 that they were still interested in 
obtaining certificates; did not receive notice for screening 
of 6/15/82. 

B. Kathryn Enders - screened by Advisory Committee on 10/19/76; 
request to work as family unit member with Mark Kielty. 

C. Susan Costa - request to be added to application of Paul Costa 
(Mr. Costa applied 2/3/82). 

D. Candace Hegan - request to be added to application of Thomas 
Gilbert i (Mr. Gilbert i applied 11/30/81 and was certified 
5/9/83). 



Ill HEARINGS ON ALLEGED VIOLATIONS 
Certificate-holder 

A. Latifa Rainbow 

B. June Richard 

C. Charyl Maxa and Roger Dandridge 

D. Sheryl Breaux 

E. Ronald Breaux 



Alleged Violation(s) 

II-B 

III 

II; IV Section 2 

II; III; IV Section 2 

Obstruction of duty of 
Art Inspector 

(agenda continued on reverse) 



45 Hyde Street 



Suite 319 - San Francisco, .California 94102 



(415) 558-3463 

mmammmm 



3ty and County of San Francisco 

A1C.1S l 




sIz+Ul 



STREET ARTISTS PROGRAM COMMITTEE 

May 24, 1983 

Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco 



Art Commission 



u£p r 

JUN 3 1S83 

,p l?APY 



*$ MINUTES 

Commissioners Present: Taliaferro, Goerner 

Chairman Taliaferro called the meeting to order at 2:15 p.m. 

Commissioner Goerner moved that the Minutes of April 26, 1983 be approved. 
The motion was seconded by Commissioner Taliaferro and unanimously approved. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Miriam Berntsen - Certificate #2?44 expired April 5i 1983; her letter- 
request for priority was received by the Program office on April 25, 
1983. Ms. Berntsen appeared before the Committee. Commissioner 
Goerner moved that Ms. Berntsen 1 s request for priority be approved; 
the motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

B. Christine Hince - Certificate #617 expired April 9, 1983; Ms. Hince 
sent her renewal payment to the office on May 3» 1983* She told the 
Committee that she had thought the renewal grace period had been 
extended to a thirty-day period. Commissioner Goerner moved that Ms. 
Hince' s request for priority be approved; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

C. Caroline Laib and Michael Norris - Certificates #1163 and #1164, 
respectively, expired April 13, 1983. In their communication to the 
office, the artists said that their fees had been mailed on time to 
the former Art Commission address; the office never received them. 
They requested priority in issuance of new certificates on May 12, 
I983. On May 13 1 1983 1 the fees and original envelope postmarked 
"April 11" arrived, and the staff renewed their certificates. 
Commissioner Goerner moved that the renewal of Ms. Laib's certificate 
be approved; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. Commissioner Goerner moved that the renewal 

of Mr. Norris' certificate be approved; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Susan Barreto and Presentacion Barreto - applied October 21, 1980, 
responded to the office's inquiry, on March 10, 1982, that they were 
still interested in obtaining certificates, but did not receive the 
notification for their screening scheduled June 15, 1982. Commissioner 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2 V83 Page 2 



Goerner moved that the request for priority of Susan and Presenta- 
cion Barret o be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

B. Kathryn Enders - Ms. Enders 1 wares were examined by the Advisory 
Committee on October 19, 1976; but Ms. Enders had taken a job 
instead of proceeding with her certification. She told the Com- 
mittee that she requested priority in order to be able to work 
with her husband, street artist Mark Kielty. Commissioner Goerner 
moved that Ms. Enders' request for priority be approved with the 
proviso that her wares be approved by the Advisory Committee at the 
next available screening session; the motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

C. Susan Costa - May 4, 1983 request to be added to application of Paul 
Costa who applied February 3, 1982. Program Director Lazar informed 
the Committee that his office received, on May 23rd, a request from 
Ms. Costa for postponement of her hearing, for six to eight weeks. 
Commissioner Goerner moved that Ms. Costa's request for postponement 
be approved; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

D. Candace Hegan - letter-request from Thomas Gilberti to add Ms. Candace 
Hegan to his application (Mr. Gilberti applied November 30, 198l, 

and was certified May 9, 1983)» Neither Ms. Hegan nor Mr. Gilberti 
appeared. Commissioner Goerner moved to put over the request; the 
motion was seconded by Commissioner Taliaferro and unanimously ap- 
proved. 

Ill HEARINGS ON ALLEGED VIOLATIONS 

A. Latifa Rainbow - Ms. Rainbow was cited on December 10, 1982 for 
alleged Violations I and II-B. She was sent the option to take a 
standard penalty suspension for No. I; as no penalty acceptance was 
received from her, her certificate was suspended January 12 - 1*+, 1983* 
With respect to No. II, Ms. Rainbow was heard by the Advisory Committee 
on the morning of May 2k , 1983; the Advisory Committee, in its exam- 
ination of the citation-photo, found that the earrings and necklaces 
in the photo did not meet Art Commission criteria and therefore con- j 
stituted Violation II. In its examination of the work itself, the 
Advisory Committee found that her earrings were not in violation but 
that her necklaces were in violation. Mr. Lazar informed the Program 
Committee that, on September 13, 1982, the Art Commission had found 
Ms. Rainbow in violation, Violation No. II, and had suspended the 
penalty. 

Commissioner Taliaferro moved that the Advisory Committee's findings 
on Ms. Rainbow be approved and that Ms. Rainbow be found in violation, 
Street Artist Violation No. II-B (second violation), and that her 
certificate be suspended accordingly for a period of four weeks; the 
motion was seconded by Commissioner Goerner and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2k/%J> Page 3 



Ms. Rainbow was advised by Commissioner Goerner of her right to 
appeal to the Art Commission on June 6th and her right to appeal 
to the Board of Permit Appeals. 

B. June Richard - Mr. Lazar informed the Committee that he had heard 
from Ms. Richard that she had moved and had not received notification 
of her hearings but had heard from another artists that she was on 
the agendas; she requested time to prepare her case and wrote the 
office for a postponement of one month. Commissioner Goerner moved 
that Ms. Richard's request for postponement of thirty days be approved; 
the motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

C. Cheryl Maxa and Roger Dandridge - Mr. Lazar told the Committee that 
Ms. Maxa had called the office to request postponement, for the 
second time, of her hearing and Mr. Dandridge' s hearing. Commissioner 
Goerner moved that Ms. Maxa's request for postponement of her hearing 
and Mr. Dandridge 's hearing be approved, that the hearings shall be 
put over for thirty days, and that Ms. Maxa and Mr. Dandridge be ad- 
vised that the Program Committee shall hear their cases regardless 

of the artists' absence; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

D. Sheryl Breaux and Ronald Breaux - Mr. Lazar told the Committee that 
he had received a telephone call from Sheryl Breaux requesting post- 
ponement, for the second time, of their hearings. Ms. Breaux had 
said that a member of the family had passed away and that another 
member had been hospitalized. Commissioner Goerner moved that Mrs. 
Breaux 's request for postponement of her hearing and Mr. Breaux 's 
hearing be approved, that the hearings shall be put over for thirty 
days, and that Mr. and Mrs. Breaux be advised that the Program Commit- 
tee shall hear their cases regardless of the artists' absence; the 
motion was seconded by Commissioner Taliaferro and unanimously approved. 

E. Claudia Hart - Mr. Lazar told the Committee that he had received notifi- 
cation from Ms. Hart that she would not be in town at the time of her 
hearings and requested postponemnt of a month. Commissioner Goerner 
moved that Ms. Hart's request for postponement be approved and that 

her hearing be put over for one month; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

F. Bruce Krutel - Mr. Lazar told the Committee that Mr. Krutel had re- 
quested postponement because of his involvement in an out-of-town 
craft fair on the day of his hearing; Mr. Krutel had appeared at 
his hearing with the Advisory Committee requesting information on 
his case but refusing to have his hearing. He had requested the 
Committee to come to his studio and watch him make his craft, be- 
cause he did not want to demonstrate it in a public hearing with 
other artists present. Commissioner Goerner moved that Mr. Krutel 's 
request for postponement be approved, that his hearing be put over 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2^/83 Page k 



for thirty days, and that he he informed that he must bring his 
craft to the Advisory Committee for examination; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

G. Aline Sar - Mr. Lazar told the Committee that, one half hour prior 
to this Program Committee meeting, he had received a call from Ms. 
Sar stating that she had confused the dates of her hearings and had 
missed that morning's hearing with the Advisory Committee. She re- 
quested postponement of a month. Commissioner Goerner moved that Ms. 
Sar' s request for postponement be approved, and that her hearing be 
put over for thirty days; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

H. Philip Curatola - Mr. Lazar told the Committee that he had received 
a communication from Mr. Curatola 's attorney who requested postponement 
so that he would have time to prepare a case. Commissioner Goerner 
moved that Mr. Curatola' s attorney's request for postponement be ap- 
proved, and that his hearing be put over for thirty days; the motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

I. Betty Bundschu - Ms. Bundschu was cited on March 6, 1983 for alleged 
Violation IV, Section 2. She had appeared before the Advisory Commit- 
tee on the morning of May 2Ath; the Advisory Committee, in its exam- 
ination of the citation- photo, had found that Ms. Bundschu had been 
in violation, Violation No. Ill (not IV Section 2) due to the display 
of brass bracelets. In its Minutes, the Advisory Committee recorded: 
"She agrees ... that she was selling bracelets that she did not make. 
But she is screened for fabricated jewelry." Ms. Bundschu told the 
Program Committee that the Inspector had cited her on the day she 
displayed the bracelets but removed them immediately, never having 
sold one, and hasn't had them on her table since. The Commissioners 
ascertained that the Art Commission had found her in violation - a 
different violation, No. II - on November 1, 1982, and had suspended 
the penalty. Commissioner Goerner moved that the Advisory Committee's 
findings on Ms. Bundschu be approved, that she be found in violation, 
Street Artist Violation No. Ill, that the penalty be suspended, and 
that any future violation of this type will be considered as a second 
violation; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

J. Jerome Fong - Mr. Lazar told the Committee that Mr. Fong had notified 
the office of his inability to attend his hearings on May 2k and had 
requested a rescheduling of hearings. Commissioner Goerner moved that 
Mr. Fong's request for rescheduling be approved, and that his hearing 
be put over, for thirty days; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

IV APPEAL OF SUSAN SHERRIFF OF ADVISORY COMMITTEE'S 2/22/83 DISAPPROVAL 
OF MS. SHERRIFF 'S ITEMS (rescheduled from k/26 Program Committee) 

Ms. Sherriff did not appear. Commissioner Taliaferro moved that no 
action be taken on Ms. Sherriff s request; the motion was seconded 
by Commissioner Goerner and unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2k/8j> Page 5 



V REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Joyce Garvey - applied December 8, 198l; requested postponemnt of 
her screening until May, 1984. Commissioner Goerner moved that Ms. 
Garvey 's request be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

VI RECOMMENDATION FROM ADVISORY COMMITTEE: RESCISSION OF ART COMMISSION 

RESOLUTION 1982-302 (AMENDMENT TO "BEADSTRINGING/PENDANTS" CRITERIA ) 

Mr. Lazar reported that the Advisory Committee, at its meeting of April 19, 
1983» voted unanimously to recommend to the Art Commission rescission of 
its amendment to the "BEADSTRINGING/PENDANTS" criteria, amendment as 
follows: "A commercially manufactured pendant may be permissible in a 
beaded necklace when the pendant has been determined by the Advisory 
Committee to be an integral element of and subordinate to the total 
design of the necklace." Commissioner Taliaferro moved that the Advisory 
Committee's recommendation be approved; the motion was seconded by Com- 
missioner Goerner. The Committee proceeded to hear from the Advisory 
Committee, the Art Inspector, and artists. 

Advisory Committee Chairman Betsy Meyers stated that many violations 
continue as a result of the commercially manufactured pendants and 
artists misinterpreting the criteria, and that the amendment is un- 
workable. Street artist Tad Sky requested that a special meeting be 
posted of the Advisory Committee to hear the matter thoroughly. Street 
artist Mitchell Paradise stated that there have been next to no second 
violations of artists resulting from the amendment, and stated also 
that there was precedent in the Street Artists Program for the Advisory 
Committee to hold a special meeting whenver criteria is to be reviewed. 
Art Inspector Hamilton told the Committee that, based on her discussions 
with the artists, there is great confusion over the meaning of the amend- 
ment, and that it is difficult to communicate to a number of people. 

j 

Commissioner Taliaferro clarified that when the Commission passed the 
amendment last year, it was slearly discussed that the Advisory Commit- 
tee would work with it and that if, in their opinion, it did not work, 
they would inform the Program Committee - and they have done so now. 
If the Advisory Committee feels there is a problem with it, he felt 
the Program Committee should support the Advisory Committee. 

Street artist Linda Stark and Mr. Sky requested another hearing on the 
matter which would provide the opportunity to educate artists that 
there might be changes in criteria. Ms. Stark said that if xeroxed 
agendas could be delivered to the lotteries by the Art Inspector, they 
could be disseminated and more people would know of the hearing. Com- 
missioner Taliaferro stated that he hoped that in the future the Program 
would have enough money to keep all artists informed, that artists of a 
particular crafts category would all be informed whenever a meeting 
would be held affecting their craft. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - Minutes 5/2 V83 Page 6 



Commissioner Goerner withdrew his second to the motion, and moved that the 
matter be 6ent back to the Advisory Committee for a recommendation to be 
submitted to the Program Committee at its next meeting; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

VII NEW BUSINESS 

A. Request by former certificate-holder Rosemarie Douglas for priority in 
issuance of new certificate - Certificate #2790 expired April 29, 1983; 
her request received May 16, 1983, after agenda had gone out. Ms. Douglas 
appeared before the Committee. Commissioner Goerner moved that Ms. Douglas' 
request be approved; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

B. Request for postponement of Dolores Kalom hearing - Mr. Lazar submitted 
a May l8 letter from Ms. Sandra Coliver of Attorney Margolin's office, 
informing the Program that Ms. Kalom' s trial has been set for June 28th 
and is expected to conclude by June 30th, 1983, and requesting that any 
Art Commission hearings involving Ms. Kalom be postponed until July 1 or 
thereafter. Commissioner Goerner moved that Ms. Coliver 's request on 
behalf of Ms. Kalom be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

C. Request by staff to establish office hours for certification - Mr. Lazar 
requested the Committee authorization to establish specific hours during 
specific days in which the Program office would be open for certification 
in order to enable him to supervise the Program and monitor street artist 
activities on the street at certain times of the week. Commissioner 
Goerner moved that the staff request be approved; the motion was seconded 
by Commissioner Taliaferro and unanimously approved. 

D. Request from staff for investigation of sales spaces in Longshoreman's 
Union lot - Art Inspector Hamilton reported that a number of artists 
have complained to her about the existence of sales spaces being rented 
from Longshoreman's Union lot on Taylor Street; she had contacted the 
Zoning Department whose personnel said they were not aware of this but 
felt the Union may be in violation of Zone III; she asked that a letter 
be sent to Zoning requesting an investigation of the matter. Commissioner 
Goerner moved that the staff request for a letter-request for such an 
investigation be approved; the motion was seconded by Commissioner Talia- 
ferro and approved. 

Commissioner Goerner stated that twelve alleged violation cases had been 
granted postponement today, some of them for the second time. He noted 
that this put a burden on Mr. Lazar and the Commissioners and requested 
that every effort be made to hear cases of citation as promptly as possible. 

Commissioner Goerner asked Mr. Lazar to inform him of the date of the Board 
of Supervisors' consideration of the Art Commission's request for restora- 
tion of the street artist spaces on the west side of Stockton Street. He 
moved to adjourn the meeting; the motion was seconded by Commissioner Talia- 
ferro and unanimously approved. The meeting adjourned at 3 : 25 p.m. 

Respectfully submitted: 
Howard Lazar /7 



City and County of San Francisco 

SP ^ 



Art Commission 




STREET ARTISTS PROGRAM COMMITTEE 



Tuesday, June 21, I983 - 2:30 p.m. 



Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco 

AGENDA 



I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Edythe J. Khazzoom - applied May, 1976 , was screened March, 1979, but 
did not obtain certificate. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Cynthi Turner and Michael Turner - Certificates # 51 and #50 expired 

March 8, 198l; request for priority received June 1, 1983. 

B. Josephine Harris - Certificate # 270^ expired May 9, 1983; request for 

priority received June 2, 1983. 

0. Natalie Goff - Certificate // 2^1-33 expired May 8, 1983; her renewal payment 
was mailed (postmarked) May 31? 1983. 



Ill HEARINGS ON ALLEGED VIOLATIONS 
Certificate-holder 

A. June Richard 

B. Cheryl Maxa and Roger Dandridge 

C. Sheryl Breaux 



D. Ronald Breaux 

E. Claudia Hart 

F. Bruce Krutel 

G. Aline Sar 

H. Philip Curatola 

I. Jerome Fong 



DGCUfViEiMTS DEPT. 

JUN 2 3 1983 

SAN FRANCISCO 



Alleged Violation(s) 

III 

I; II; IV Section 2 

I; II; III; IV Section 2 
obstruction of duty of Art 
Inspector 

Obstruction of duty of Art 
Inspector 

II; III 

II; III 

II 

IV Section 2 

Section 2 (of IV) 



IV ADVISORY COMMITTEE RECOMMENDATION REGARDING AMENDMENT TO "BEADSTRINGING/ 
PENDANTS" CRITERIA 



V 



NEW BUSINESS 



City and County of San Francisco 



Art Commission 




I 



STREET ARTISTS PROGRAM COMMITTEE 

June 21, 1983 

Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco 

^MINUTES 



oOGUivlENTS DEPT. 
JUL 6 1983 

SAN FRANCISCO 
p,,o. |<» ' IRRAkV 



Present: Commissioners Taliaferro and Hanson. 

Chairman Taliaferro called the meeting to order at 2:30 p.m. 



I REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Edythe J. Khazzoom - applied May, 1976, was screened by Advisory 
Committee in March, 1979, but did not obtain a certificate. Ms. 
Khazzoom appeared before the Program Committee and stated that she 
had been unable to obtain a certificate at the time because of 
health problems and having to take care of her child. Commissioner 
Taliaferro moved that Ms. Khazzoom 's request be approved; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

A. Cynthi and Michael Turner - Certificates #51 and #50 expired March 8, 
198l ; their request for priority was received by the office June 1, 1983. 
The Turners appeared before the Committee. Commissioner Taliaferro 
moved that Cynthi and Michael Turner's request for priority be 
disapproved; the motion was seconded by Commissioner Hanson and unan- 
imously approved. 

B. Josephine Harris - Certificate #270^ expired May 9» 1983; her request 
for priority was received June 2, 1983. Ms. Harris appeared. Commis- 
sioner Taliaferro moved that Ms. Harris' request for priority be 
approved; the motion was seconded by Commissioner Hanson and unani- 
mously approved. 

C. Natalie Goff - Certificate #2^33 expired May 8, 1983; her renewal 
payment was postmarked May 31 1 1983. Ms. Goff appeared. Commissioner 
Taliaferro moved that Ms. Goff's request be approved; the motion was 
seconded by Commissioner Hanson and unanimously approved. 

III HEARINGS ON A LL EGED V IOLATIONS 

A. June Richard . Program Director Lazar reviewed the case for the Com- 
mittee: Ms. Richard was cited on December 28, 1983» for Street Artist 
Violation III. She was scheduled to appear before the Advisory Com- 
mittee and Program Committee on May 2*f, but had submitted a request 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 6/21/83 Minutes Page 2 



for postponement which was granted by the Program Committee. At her hearing 
with the Advisory Committee on the morning of June 21st, the Advisory Com- 
mittee found that Ms. Richard's work had been in violation, Street Artist 
Violation IV: "She made the work but she was not certified for it," according 
to the Committee's minutes. Ms. Richard appeared before the Program Commit- 
tee. Commissioner Taliaferro moved that Ms. Richard be found in violation, 
Street Artist Violation IV, that the penalty be suspended, and that any future 
violation of this type will be considered a second violation; the motion was 
seconded by Commissioner Hanson and unanimously approved. 

B. Cheryl Maxa and Roger Dandridge . Ms. Maxa and Mr. Dandridge were cited on 
December 18, 1982, for Street Artist Violations I, II, and IV Section 2. 
They were given the option of accepting standard penalties for Violations 
I and IV or of requesting a hearing with the Program Committee. They re- 
quested a hearing, in their reply of January 19, 1983. (The Program Com- 
mittee, therefore was scheduled to hear all their alleged violations.) They 
were scheduled to appear before both Committees in April; they requested and 
were granted a postponemnt to May. Scheduled for hearings in May, they re- 
quested and were granted a postponement to June. At their hearing with the 
Advisory Committee on the morning of June 21st, the Advisory Committee found 
that Ms. Maxa and Mr. Dandridge had not been in violation. They appeared 
before the Program Committee, and stated that, with regard to alleged Viola- 
tion I, their certificates had been out on display. Commissioner Taliaferro 
moved that the charges against Ms. Maxa and Mr. Dandridge for Street Artist 
Violations I, II, and IV Section 2 be dismissed; the motion was seconded by 
Commissioner Uaxison and unanimously approved. Ms. Maxa requested that steps 
be taken to correct the citation-hearing procedures. 

C. Sheryl Breaux . Ms. Breaux was cited on December 19, 1982 for Street Artist 
Violations I, II, III, IV Section 2. According to the Street Art Inspector's 
report, Ms. Breaux had obstructed the duty of the Inspector. Ms. Breaux was 
given the option of accepting standard penalties for Violations I and IV or 
of requesting a hearing. In her reply of January 12, 1983, she requested a 
hearing. She was scheduled to appear before both Committees in April; she 
requested and was granted a postponement to May. Scheduled for hearings in 
May, she requested and was granted a postponement to June. At her hearing 
with the Advisory Committee on the morning of June 21st, the Advisory Commit- 
tee found that Ms. Breaux had not been in violation with regard to the photo 
taken at time of citation; nor was she in violation with regard to her work 
shown to the Committee. Ms. Breaux appeared before the Program Committee 
and stated that, with regard to Violation I, her certificate had been on 
display. Ms. Tricia Huisman, a certified street artist, testified that the 
certificate had been on display. Commissioner Taliaferro moved that the 
charges against Ms. Breaux for Street Artist Violations I, II, III, and IV 
Section 2 be dismissed; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

D. Ronald Breaux. On December 19, 1982, according to a report by the Art 
Inspector, Mr. Breaux had obstructed the duty of the Inspector when the 
Inspector was issuing a citation to Sheryl Breaux. Mr. Breaux was notified 
to appear before the Program Committee in April, 1983; he requested and 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 6/21/83 Minutes Page 3 

was granted a postponement to May. Scheduled for May, he requested and 

was granted a postponement to June. He appeared before the Program Committee. 

Ms. Jacqulyn Hamilton, who had been the Inspector at the time of the alleged 

incident, was not present to testify. Commissioner Taliaferro moved that 

the charge against Mr. Breaux for obstruction of duty of the Inspector be 

dismissed; the motion was seconded by Commissioner Hanson and unanimously 

approved. 

E. Claudia Hart . Ms. Hart was cited on December 18, 1982, for Street Artist 
Violations II and III. She was notified to appear before the Committees in 
May, 1983; she requested and was granted a postponement to June. At her 
hearing with the Advisory Committee on the morning of June 21st, the Advisory 
Committee found her in violation, Street Artist Violation II: "...Hats with 
feathers, netting & silk flowers; we do not feel that the hats have been 
significantly altered. She is certified for feather work but not hats." 

Ms. Hart told the Program Committee that she felt she had altered the hats 
significantly by adding feathers to them. Commissioner Taliaferro moved 
that Ms. Hart be found in violation, Street Artist Violation II, but that 
the penalty be suspended; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

F. Bruce Krutel . Mr. Krutel was cited on December 28, 1982 for Street Artist 
Violations II and III. He was scheduled for hearings in May and requested 
and was granted postponement to June. At his hearing with the Advisory 
Committee on the morning of June 21st, the Advisory Committee found him in 
violation, Street Artist Violation II: "...The attaching of feathers to com- 
mercial hats is a violation; artist blocks the hats, but Advisory Committee 
doesn't view blocking or finishing technique as art or craft ..." Mr. Krutel 
appeared before the Program Committee. Commissioner Taliaferro moved that 
the Advisory Committee submit a definition of what constitutes hatmaking; 
the motion was seconded by Commissioner Hanson and unanimously approved. 

G. Aline Sar . Ms. Sar was cited on February 1^, 1983, for Street Artist Viola- 
tion II. She was scheduled for hearings in May and requested and received 
postponement to June. At her hearing with the Advisory Committee on the 
morning of June 21st, the Advisory Committee found that she was not in 
violation. Ms. Sar appeared before the Program Committee. Commissioner 
Taliaferro moved that the charge against Ms. Sar of Street Artist Violation 
II be dismissed; the motion was seconded by Commissioner Hanson and unani- 
mously approved. 

H. Philip Curatola . Mr. Curatola was cited on March 6, 1983, for Street Artist 
Violation IV, Section 2. He was scheduled for hearings in May and requested 
and received postponement to June. At his hearing with the Advisory Committee 
on the morning of June 21st, the Advisory Committee found him in violation, 
Street Artist Violation IV, for the display of seashell nitelights (these 
had been examined by the Advisory Committee on January 25, 1983i and had been 
disapproved). The Committee gave no finding with respect to Mr. Curatola' s 
alleged display of cassette tapes, as no decision had been issued by the 
City Attorney as to whether such items are within the jurisdiction of the 
Art Commission. Mr. Curatola and his attorney, Mr. Alan Hoffman, appeared 
before the Program Committee. Mr. Hoffman stated that it was true that his 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 6/21/83 Minutes Page k 

client was not certified for the nitelights. Commissioner Taliaferro 

moved that Mr. Curatola be found in violation, Street Artist Violation IV, 

with'' Regard to the display .of nitelights, and that the penalty be suspended; 

the motion was seconded by Commissioner Hanson and unanimously approved. 

Mr. Hoffman told the Committee that his client had not been selling the 
tapes but had been asking for a donation for them, and had not felt he was 
breaking the law at the time; he had wanted to get some exposure for his 
talent. Commissioner Taliaferro moved that the matter be held in abeyance 
until. clarification is received from the City Attorney; the motion was 
seconded by Commissioner Hanson and unanimously approved. 

Mr. Curatola stated that he had no notice that he would have been in violation 
with regard to Section 2. Mr. Hoffman stated that his client was not guilty 
of Street Artist Violation IV with regard to the cassette tapes because he 
had not been selling them, and that there is no rule or regulation by the 
Art Commission or a committee that giving away tapes and asking for a dona- 
tion to defer costs constitutes selling. 

I. Jerome Fong . Mr. Fong was cited on March 6, 1983i for Street Artist Viola- 
tion IV, Section 2. He accepted the standard penalty for IV, and his 
certificate was suspended from April 1-1^, 1983. He was scheduled for 
hearings (for Section 2) in May, and requested and received postponement to 
June. At his hearing with the Advisory Committee on the morning of June 21st, 
the Advisory Committee found him in violation of IV, Section 2: "He agreed 
the photo was in violation." Mr. Fong appeared before the Program Committee 
and stated that he had thought the two-week standard penalty was for both 
Violation IV and Section 2. Commissioner Taliaferro moved that Mr. Fong be 
found in violation, Street Artist Violation Section 2 (of IV), and that the 
penalty be suspended; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

IV ADVISORY COMMITTEE RECOMMENDATION REGARDING AMENDMENT TO "BEADSTRINGING/PENDANTS" 
CRITERIA 

Program Director Lazar reported that the Advisory Committee had met that morning 
and had reviewed street artist Tad Sky's proposal to retain the amendment 
approved last fall, to keep the wording of the amendment but to set it apart 
in the crafts criteria as a separate category entitled "BEADSTRINGING WITH 
COMMERCIALLY MANUFACTURED PENDANTS." Artists would have to be screened under 
this just as if they would for any other craft category. The Advisory Com- 
mittee recommended that Mr. Sky's proposal be adopted. Commissioner Taliaferro 
moved that the Advisory Committee's recommendation be approved; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

The meeting adjourned at 3^50 p.m. 

Respectfully submitted: 



'?YWaAcJ (^tU, 



1M^ 

Howard Lazar w 






City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 



Joan Ellison-Wong 
DIRECTOR 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hunson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 



II 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday ^JuaJS- 19, 1983 - 2:13 p.m. 

Main Library, Commission Room (3rd floor) 
Larkin and McAllister Streets, San Francisco 

•^AGENDA 



REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF NEW CERTIFICATE 

A. Mary Greenberg - Certificate #2773 expired May 19, 1983; her 

request for priority received June 10, 1983- 

B. Hugh Simpson - Certificate # 2775 expired May 26, 1983; his 

request for priority received July 5, 1983. 

C. Pedar Ronning - Certificate # 1309 expired April 9, 1983; his 

request for priority received July 7, 1983. 

D. Michael Vallo - Certificate # 2770 expired May 10, 1983; his 

request for priority received July 8, 1983. 

REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Gregg P. Niceley . 

B. Susan L. Costa . 



Planning Commission 1X1 AD viS0RY COMMITTEE RECOMMENDATION: CRITERIA FOR "HATMA KING' 
Recreation and Park 



Commission 



IV CRAFT VIOLATION REVIEWS 



Certificateholder 

A. Bruce Krutel 

(hearing continued from 6/21) 

B. Philip Curat ola (Lawrence) 

C. Dennis Klein 



D. Lisa Berkelhammer 



Alleged Violation Number 

II; III (re: hats with feathers) 

IV, Sec. 2 (re: cassette tapes) 

I; II; IV Sec. 2 (re: jewelry 
items; hats; sweaters) 

Alleged violation of Ord. 4-1-83, 
Sec. 2401(b) "Handcrafted 
Item" - report submitted by 
another street artist re: 
jewelry items 



V NEW BUSINESS 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102, 



City and County of San Francisco 




STREET ARTISTS PROGRAM COMMITTEE 



^ July 19, 1983 

Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco 



! 1 



Art Commission 



DOCUMENTS DEPT. 

JUL 2 9 1983 

SAN FRANCISCO 
p, t p. p/* I (RRARY 



^ M I N U T E S 

<s 

Present: Commissioners Taliaferro, Hanson, Goerner 

Chairman Taliaferro called the meeting to order at 2:23 p.m. and spoke of 
the recent accomplishments of the Street Artists Program at the Board of 
Supervisors: 

1) The redesignation of eight street artist spaces on Stockton Street 
as an area exempt from the regulation prohibiting artists adjacent 
to a white zone. (The Chairman congratulated street artist Eunice 
Rodriguez on her efforts in initiating the proposal and following 
it through, "the best example of citizen action.") 

2) The passage of an amendment authorizing the Board to exempt 
designated street artist areas from the regulations pertinent 
to selling (Section 2^05(c) of the Police Code). 

3) The Rules and Legislation Committee's recommendation of approval 
of the Art Commission's ballot measure to authorize the Board of 
Supervisors to increase street artist certification fee and to 
provide the artists with the option to renew quarterly or yearly. 
(The Chairman pointed out that the certification fee has not been 
raised in eleven years; yet the demands of the Program have changed. 
An increase in fees would provide for Art Inspectors, as well as 

a monthly newsletter. Commissioner Goerner stated that a request 
for an increase would not be done without advise and consent.) 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Mary Greenberg - Certificate #2773 expired May 19, 1983; her request 
for priority was received by the office on June 10th. Mrs. Greenberg 
appeared and told the Committee that she had forgotten to renew be- 
cause she had been entertaining many house guests. Commissioner 
Taliaferro moved that Mrs. Greenberg 's request for priority be ap- 
proved; the motion was seconded by Commissioner Hanson and unani- 
mously approved. 

B. Hugh Simpson - Mr. Simpson did not appear. Commissioner Goerner 
asked Mr. Lazar to notify Mr. Simpson for the next meeting and moved 

to put over his request; the motion was seconded by Commissioner Hanson 
and unanimously approved. Commissioner Hanson noted that Mr. Simpson's 
renewal had been sent to Art Commission, c/o City Hall, and had then 
been returned to him; she stated that a complaint should be sent to the 
City Hall Post Office for not forwarding it to the Art Commission. 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page 2 



C. Pedar Ronning - Certificate #1309 expired April 9, 1983; his re- 
quest for priority was received July 7ch. Mr. Ronning told the 
Committee that he had suffered a heart attack last February and 
had undergone extensive medical treatment; his attention had not 
been on the renewal of his certificate. Commissioner Goerner 
moved that Mr. Ronning' s request for priority be approved; the 
motion was seconded by Commissioner Hanson and unanimously approved. 

D. Michael Vallo - Certificate #2770 expired May 10, 1983; his request 
was received July 8th. Mr. Vallo told the Committee tha't he had 
left for New York on May 1st. On May 8th he had sent his renewal 
fee to the Art Commission's Mission Street address and had put his 
New York address as a return address on the envelope. When he re- 
turned from New York at the end of June, he realized he had never 
received his renewed certificate; he called the Program and found 
out that the Program had never received his payment. Commissioner 
Goerner moved that Mr. Vallo 's request be approved; the motion was 
seconded by Commissioner Hanson and unanimously approved. 

II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

- A. Gregg P. Niceley . Mr. Niceley told the Committee that he had received 
an application and information booklet from the Program in the mail, 
had filled out the application and mailed it back. This bad been a 
year and a half ago, and he had not thought to call the office to see 
if his application had been received because he had been told that 
the waiting period for an applicant was a year and a half to two 
years. He finally called the office in April, 1983» and found out 
that his application had never been received. He submitted, to the 
Committee, the envelope which had contained the Program's booklet, 
mailed to him in 1982. Commissioner Goerner moved that Mr. Niceley 's 
request be approved and that he be placed on the next list of ap- 
plicants to be screened; the motion was seconded by Commissioner 
Hanson and unanimously approved. 

B. Susan Costa - did not appear. Commissioner Goerner moved to table 
Ms. Costa's request until she re-notified the Art Commission of her 
intention; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

III ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR "HATMAKING" 

Program Director Lazar informed the Committee that the Advisory Commit- 
tee had held a hearing that morning on criteria for "hatmaking" as 
prompted by their recent hearings on feather-decorated hats. The Ad- 
visory Committee had decided to postpone a decision on the issue in order 
to research the craft of millinery as well as hatmaking; it may be 
necessary to add to the cet of criteria a new craft category: "Millinery." 
Mr. Lazar said he had notified Mr. Bruce Krutel and Ms. Claudia Hart , 
street artists who sell feather-decorated hats, to attend the Advisory 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page 3 



Committee hearing; both had appeared and given their input. 

Mr. Krutel told the Program Committee that he would work with the 
Advisory Committee on new criteria. He said he appreciated the Pro- 
gram Committee sending this matter back to the Advisory Committee. 
He added that there were members on the Advisory Committee who felt 
that shaping a hat and dyeing it do not constitute a craft. 

IV CRAFT VIOLATION REVIEWS 

A. Bruce Krutel (hearing continued from 6/21 in which the Program Commit- 
tee had refrained from taking action on Mr. Krutel' s alleged violation 
and, insetad, had directed the Advisory Committee to submit a defini- 
tion of what constitutes hatmaking). Commissioner Hanson moved to 
continue Mr. Krutel' s hearing to the next meeting; the motion was 
seconded by Commissioner Goerner and unanimously approved. 

B. Philip Curatola (Lawrence) (hearing continued from 6/21 in which the 
Program Committee had moved that the matter of Mr. Lawrence's alleged 
display of cassette tapes be held in abeyance until City Attorney 
clarification was received). Mr. Lawrence and his attorney, Mr. Alan 
Hoffman, appeared. Mr. Hoffman made the following points: 

1. His client had had no notice as to whether he would be viola- 
ting Section 2 (of Street Artist Violation IV, Violation Code). 

2. The forthcoming City Attorney's opinion cannot be applied 
retroactively. 

3. At the last meeting, Mr. Lazar and Mr. Hoffman had come away 
with opposite opinions of what the Advisory Committee had 
recommended with respect to the cassettes. Mr. Lazar had 
sent him a tape-copy of the tape recording of the meeting, 

but a section had been omitted from it.* Mr. Hoffman requested 
that the minutes of the last Program Committee be amended to 
reflect that he had raised this point (the difference in 
opinion), and that the Advisory Committee's recommendation 
be clarified. 

h. The Program Committee could dismiss the charge because it is 
not clear as to what constitutes "selling." If the Committee 
wished to clarify it at this time, Mr. Hoffman requested that 
it not be applied retroactively to his client. 

5. Mr. Lawrence was not trying to violate the spirit of the law. 
His intent was to distribute the tapes for publicity purposes. 



I listened to the entire original recording of the meeting and found no 
ommission in Mr. Lawrence's hearing. I loaned the original to Mr. Hoff- 
man at the Program Committee hearing. - H. L. 



STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page k 

Chairman Taliaferro recommended that the Committee not move on the 
matter until the City Attorney opinion is received. Mr. Hoffman 
asked that his client not be cited until the issue is resolved. 
The Chairman stated that he would not recommend that anyone sell 
anything for which they are not certified. 

Mr. Hoffman submitted as "Exhibit I" a transcription of the recording 
of the Advisory Committee meeting and requested that it be put in the 
record. He requested that two separate meetings be held: one for his 
client's alleged violation and one for the issue of certification of 
cassettes. 

Chairman Taliaferro said that both matters would be taken up at the 
same meeting - one at the beginning of the meeting, with intervening 
issues, and the other at the end of the meeting. 

Mr. Hoffman requested a copy of the agenda for the Program Committee's 
next meeting. 

Commissioner Goerner moved to put over the hearing to the next meeting; 
the motion was seconded by Commissioner Hanson and unanimously approved. 

C Dennis Klein . Mr. Klein did not appear. Mr. Lazar informed the Com- 
mittee that, on the previous day, the Program received a letter from 
Mr. Klein stating his inability to attend the scheduled meetings of 
both the Advisory Committee and the Program Committee. Prior to this, 
Mr. Klein had been notified to appear in March and had not appeared; 
he had been notified to appear in April, and the Program had received 
a letter from Mr. Klein's sister stating that her brother was out of 
the country until the end of June, 1983, and requesting postponement 
until his return. Commissioner Goerner said there had been more than 
sufficient notice and moved that Mr. Klein be found in violation, 
Street Artist Violation VII(B), "Failure to Appear for Hearing with 
Advisory Committee or Street Artists Program Committee, When Notified," 
and that, in accord with the SAV Code, Mr. Klein's certificate be 
suspended until his entire revocation procedure is completed; the 
motion was seconded by Commissioner Hanson and unanimously approved. 

D. Lisa Berkelhammer . Ms. Berkelhammer did not appear. Mr. Lazar informed 
the Committee that Ms. Berkelhammer had written the office that she 
would be unable to appear until after August. This was her first 
notification for hearing. Commissioner Goerner moved that Ms. Berkel- 
hammer' s hearings be put over to September and that the Program notify 
her that she must attend; the motion was seconded by Commissioner 
Hanson and unanimously approved. 

V NEW BUSINESS 

Street artist Eunice Rodriguez reported that new certificate-holders at the 
lottery sign-in for spaces are being intimidated into "donating" money to 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 7/19/83 Minutes Page 5 



the Street Artist Coalition's attorney for getting the Stockton 
Street spaces back, and that newcomers feel they have to pay a dollar 
in order to get a space. Mrs. Rodriguez added that one artist said 
he thought the money was going to the attorney for the Art Commission. 

Commissioner Taliaferro moved that a letter be sent to the Lottery 
Committee, clarifying that the only activities to be conducted at 
the lottery sign-in are those activities related to the assignment 
of spaces, and that there shall be no fundraising or political 
activities during the operation of the lottery and lottery sign- in; 
the motion was seconded by Commissioner Goerner who added that the 
letter stipulate that no attorney had been involved in any way in 
the redesignation of the Stockton Street spaces, that it had been 
an effort on the part of the street artists themselves and the 
Street Artists Program of the Art Commission, and that any collection 
of money for the spaces is being done under false pretenses. The 
motion was unanimously approved. 

Mrs. Rodriguez said that she did not feel she needed an attorney to 
talk to the Art Commission or to the Board of Supervisors, and that 
respect should be shown where respect is due. She informed the Com- 
mittee that, as of last Monday, artists were back in the Stockton 
Street spaces. 

Commissioner Taliaferro said he would call Attorney Ephraim Margolin 
and alert him to the collections at the lottery sign- in. 

Commissioner Goerner moved that the minutes of the Program Committee's 
June 21 meeting be approved with amendment as requested by Attorney 
Alan Hoffman; the motion was seconded by Commissioner Hanson and unan- 
imously approved. 

Commissioner Hanson asked about the Street Artist Awards program which 
the Art Commission had fostered in 1979 and 1980. Commissioner Taliaferro 
spoke of the on-location awards presentation and the special group 
exhibition in the gallery; it has been suggested that the Commission 
reinstitute the awards program, perhaps by the end of the year. 

Commissioner Goerner asked Mr. Lazar to find out the extent of the 
gallery's scheduling and the time of year in which the Commission 
would be able to have such an exhibition. 



The meeting adjourned at 3^50 p.m. 



Respectfully submitted: 



Howard Lazar * 



City and County of San Francisco 

AlO.15 
*2 

V 




Commissioners 



Dianne Feinstein 
MAYOR 



STREET ARTISTS PROGRAM COMMITTEE 



Art Commission 

DOCUMENTS DEPT. 
AUG 3 1983 

SAN FRANCjSCO 
P'"-" i^ | ippapy 



Tuesday ,. August 23, 1983 - 2:00 p.m. 

Main Library - Commission Room (3rd flopr ) 

Larkin and McAllister Streets, San Francisco 



Roselyne C. Swig 
President 



AGENDA 



Dmitri Vedensky, Jr. j 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson II 

Piero Patri 
Peter Rodriguez 
Ray Taliaferro 



Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 
OF NEW CERTIFICATE 

A. Hugh Simpson - Certificate #2775 expired May 26, 1983; his 
request for priority received July 5, 1983; hearing 
rescheduled from July 19. 

REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Susan Costa - applied May 9» 1983; requests priority to be 
screened with husband, Paul Costa, who applied February 3, 1982. 

B. Luz Simco - applied Sept. 23, 198l; never received screening notice 

REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Janet R. Christian Ferguson - requests postponement of 
screening of wares for one year. 



IV ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR MILLINERY 



III 



V CRAFT VIOLATION HEARINGS 
Certificateholder 

A. Bruce Krutel 

(hearing continued from 6/21, 7/19) 



B. Dennis Klein 



C. Dolores Kalom 



Alleged Violation 



II; III (re: hats with 
feathers) 

II; IV Section 2 (re: jewelry 
items; hats; sweaters) 

Assault and obstruction of 

duty of Art Inspector 
(alleged Violation II re: 

beadcraft items will be 

heard in September) 



VI NEW BUSINESS 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102, 



City and County of San Francisco 




Dianne Feinstein 
MAYOR 



Art Commission 

Claire Isaacs 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

August 23, 1983 
Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco, California 

^MINUTES 



DOCUMENTS DEFT. 

SEP 1 1983 

SAN FRANCISCO 
P"'" l^ ■ IRttAPV 



Present: Commissioners Taliaferro, Hanson, Goerner 

Chairman Taliaferro called the meeting to order at 2:05 p.m. He in- 
formed the Committee that on the previous day Commission Director 
Isaacs, Mr. Lazar, and he met with two councilmen from New Orleans 
who were interested in establishing a street artists program in 
their city. 

I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

Hugh Simpson - Director Lazar reported that Mr. Simpson had 
telephoned him from Hawaii that morning and asked him to tell 
the Committee that he no longer wished to pursue his request. 
Commissioner Goerner moved that the request by Mr. Simpson be 
dismissed from the agenda; the motion was seconded by Commissioner 
Hanson and unanimously approved. 

II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Susan Costa - applied May 9, 1983; requested priority to 
be screened with her husband, Paul Costa, who applied 
February 3, 1982. Mr. and Mrs. Costa appeared and told the 
Committee that their craft is wood gift items, and that when 
Mr. Costa had applied, they thought the certificate would 
be issued to them both and therefore it was not necessary 
to list Mrs. Costa's name on the application. They claimed 
there had been a misunderstanding between the Program of- 
fice and them. Mr. Lazar said that, to his knowledge, 
his assistant and he had always tried to make it clear that 
the issuance of a certificate is limited to one person but 
that all members of a "family unit" may apply for certif- 
icates (if they all wanted to sell). This had been clarified 
some ten years previously by the City Attorney. 

Commissioner Goerner stated that if the request were ap- 
proved, he could not see a means of stopping other people 
from wanting to join with people on the waiting list who 
were eligible for screening and thereby jumping over other 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page 2 



applicants. Mr. Lazar corroborated that his office receives such requests 
frequently. 

Commissioner Goerner moved that Mrs. Costa's request for priority be dis- 
approved; the motion was seconded by Commissioner Taliaferro. The vote was 
as follows: Ayes - Goerner, Taliaferro; Noes - Hanson. 

Commissioner Goerner asked Mr. Lazar to ascertain the number of street 
artists who are members of family units and to survey the opinion of 
artists as to whether there is widespread dissatisfaction with the 
"family unit" status. 

B. Luz Simco - Mr. Simco was not present. Commissioner Goerner moved that 
Mr. Simco' s request for priority be dismissed from the agenda; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

III REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Janet R. Christian Ferguson - Mrs. Ferguson had applied December 31, 198l 

and was eligible at this time for a screening; she was requesting postponement 
of screening for one year. Commissioner Goerner moved that Mrs. Ferguson's 
request for postponement be approved; the motion was seconded by Commissioner 
Hanson and unanimously approved. 

IV ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR MILLINERY 

On August 16th, the Advisory Committee of Street Artists and Craftsmen Examiners 
held their hearing on "millinery" and recommended the following criteria (which 
had been transmitted to the Commissioners prior to the Program Committee meeting) 

MILLINERY - a hat body that is significantly altered in form by the 
artist through the process of blocking or shaping, with 
the addition of adornments and trim (examples - ribbons, 
feathers, flowers, etc.) 

Street artist Bruce Krutel told the Committee that he felt the Advisory Com- 
mittee's "ruling" was consistent with other actions of the Art Commission, and 
that it would avoid legal troubles for the Commission. He added that he felt 
it maintained quality. 

Commissioner Hanson moved that the Advisory Committee's recommended criteria 
for "millinery" be approved; the motion was seconded by Commissioner Goerner 
and unanimously approved. 

V CRAFT VIOLATION HEARINGS 

A. Bruce Krutel - hearing continued from June 21 and July 19. Mr. Krutel had 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page 3 



been cited on December 28, 1982 for Street Artist Violations II and III 
for allegedly selling feather-decorated hats. At his hearing with the 
Advisory Committee on June 21, 1983* the Advisory Committee found him 
in violation, S.A.V. II, and commented: "The attaching of feathers to 
commercial hats is a violation; artist blocks the hats, but Advisory 
Committee doesn't view blocking or finishing technique as art or craft." 
At his subsequent hearing with the Program Committee on June 21st, the 
Program Committee refrained from making a decision on the case and, in- 
stead, requested the Advisory Committee to submit a definition of "hat- 
making." By the time of Mr. Krutel's next hearing with the Program Com- 
mittee (July 19th), the Advisory Committee had not come up with a defin- 
ition and requested another hearing, this time to draft a definition of 
"millinery." The Program Committee voted to put over Mr. Krutel's hearing 
to the following month. 

Now that the Advisory Committee's recommendation of criteria for "millinery" 
had been received and recommended for approval, the Program Committee 
ascertained that Mr. Krutel's craft fell within the criteria. Commis- 
sioner Taliaferro moved that Mr. Krutel's case be dismissed; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

B. Dennis Klein - Mr. Klein had been cited on December 10 and December l8, 1982, 
for Street Artist Violations I, II (December 10), and IV Section 2 (December 
18). After his failure to appear at scheduled hearings with the Advisory 
and Program Committees, the Program Committee, on July 19th, voted to rec- 
ommend that he be found in violation, S.A.V. VII (Failure to Appear at 
Hearings) and that his certificate be suspended until the entire revocation 
procedure was completed. Mr. Klein appeared at the Art Commission meeting 
on August 1st to appeal the recommendation; the Commission voted to send 
his case back to committee. He subsequently appeared before the Advisory 
Committee on August l6th. The Advisory Committee found him in violation, 
S.A.V. II ("pendants in photo not of artist's own creation") and S.A.V. IV 
Section 2 ("Dennis showed us sweaters that he does not make; however, he 
embroiders on the sweaters and knits over them ... Committee members feel 
that a pre-manufactured sweater does overtake the degree of over-stitching 
used on sweaters ... We feel the commercial sweater dominates his craft.") 
The Advisory Committee held off a finding on the hats he had been allegedly 
displaying, pending adoption of the "millinery" criteria. 

Mr. Klein admitted to the Program Committee that he had sold hats and 
sweaters for which he had not been certified. 

Commissioner Taliaferro moved that the Advisory Committee's findings be 
upheld, that Mr. Klein be found in violation, Street Artist Violations 
II and IV Section 2, that the penalties be suspended, and that any future 
violation of this type will be considered a second offense; the motion 
was seconded by Commissioner Goerner and unanimously approved. 

Mr. Klein told the Committee that the Advisory Committee's decision "that 
the item overtakes the design" eliminates the craft of embroidery on 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page k 



most functional items. The Committee, he said, had stated that embroidery 
had to pretty much cover the item. Commissioner Taliaferro responded that 
one of the problems in the Program was the sale of clothing not made by 
the artists, as for example, T-shirts with printed designs by the artist. 
He said that he understood the Advisory Committee's viewpoint that the 
object itself is the predominant item for sale. 

C. Dolores Kalom . Ms. Kalom was not present. Mr. Lazar submitted a letter 
of August l8th from Ms. Kalom' s attorney, Mr. Ephraim Margolin, which 
stated that he would be out of town on August 23rd and requested that 
his client's hearing be continued. Mr. Lazar told the Committee that he 
had spoken with Mr. Margolin who had requested that he ask the Committee 
if they would insist that he produce his witnesses to testify on behalf 
of his client or whether they would accept affidavits from them or a 
summary of their observations. Commissioner Goerner moved that Ms. Kalom' s 
hearing be put over for one month and that the Committee accept affidavits 
from Mr. Margolin's wirnesses regarding the alleged incident of assault 
and obstruction of duty of the Art Inspector. After consideration, Com- 
missioner Goerner withdrew his motion. 

Commissioner Hanson moved to dismiss the charges against Ms. Kalom of 
assault and obstruction of duty of the Art Inspector and to continue Ms. 
Kalom 's hearings with respect to her alleged violation concerning her 
items for sale (Street Artist Violation II); the motion was seconded by 
Commissioner Goerner and unanimously approved. 

VI NEW BUSINESS 

A. Request by Applicant David Gamarra for Issuance of Certificate . Mr. 
Gamarra had presented his wares to the Advisory Committee and had 
received the Committee's recommendation for certification, but he had 
failed to obtain a certificate within the allotted ten-office-work-day 
time limit. Mr. Gamarra told the Program Committee that he had suffered 
a ruptured hernia and had undergone an operation, and that also he had 
not been aware of the time limit for obtaining a certificate. He said 
his craft was brass bracelets and cut-coins. 

Commissioner Taliaferro moved that Mr. Gamarra 's request be approved; 
the motion was seconded by Commissioner Hanson and unanimously approved. 

B. Gallery Show for Award-winners. Mr. Lazar reported that he had found 
out that the Art Commission's gallery would be available next spring 
for a group show of street artist awardwinners. Commissioner Goerner 
asked him to reserve a two-week date next spring for the gallery. 

C. Mayor's Committee on Sidewalk Vending . Commissioner Taliaferro spoke 
of the Mayor's recently appointed committee investigating the practices 
of stores selling merchandise on the sidewalks. Commissioner Taliaferro 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 8/23/83 Minutes Page 5 



moved that a letter be sent to the Mayor and the Mayor's committee on 
sidewalk vending, offering the Commission's assistance in reviewing 
this issue and requesting to be included in any discussion concerning 
street sales in San Francisco; the motion was seconded by Commissioner 
Goerner and unanimously approved. 

D. Non-Profit Status of Organizations Selling in Public Places , Mr. Lazar 
reported that he had received some complaints from artists concerning 
the sales activities of unlicensed vendors who claim they have non-profit 
tax-exempt status which permits them to operate. Mr. Lazar had examined 
the Board of Equalization papers of one such vendor which claimed tax- 
exempt status. Mr. Lazar requested authorization to write to the City 
Attorney for clarification of the meaning of such status as it pertains 
to an individual's privelege to sell merchandise in street artist areas. 
Commissioner Goerner moved that the Director of the Street Artists Program 
be authorized to request clarification from the City Attorney of the 
meaning of tax-exempt status as it pertains to selling in street artist 
areas; the motion was seconded by Commissioner Hanson and unanimously 
approved. 

E. Approval of Minutes . Commissioner Goerner moved that the Minutes of the 
Program Committee's meeting of July 19, 1983 be approved; the motion was 
seconded by Commissioner Hanson and unanimously approved. 

F. Director's Report of Street Inspection . Mr. Lazar reported on his observa- 
tions of the Program with respect his inspection of the arts and crafts on 
the street, a duty of his which commenced August 11th. Generally, there 
has been a greater degree of compliance with the Commission's crafts 
criteria, with only a few salient cases of alleged violation (several of 
these have complied immediately after the first warning, the others have 
shut down their displays whenever the Director has appeared). 

The meeting adjourned at 3*^2 p.m. 

Respectfully submitted: 





Howard Lazar 



^A^ 



City and County of San Francisco 



Art Commission 




Qftoft?, 



Commissioners 



Roselyne C. Swig 
i, President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Dianne Feinstein 
MAYOR 



Claire Isaacs 
DIRECTOR 

■ Dc iftTSDEP- 



i. 



STREET ARTISTS PROGRAM COMMITTEE 



SEP"2 1983 
pit 



Tuesday, September 20, 1983 

2:30 p.m. 

Main Library - Commission Room (3rd floor) 

Larkin and McAllister Streets, San Francisco 

-. AGENDA 

REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Raman Attou (Khaldi) - applied October 15, 198l; was 
notified February, 1982 but never received notice; request 
received by office August 25, 1983* 

B. Lorna Koppel - applied July, 1979; was notified February, 
198l but letter was returned to office; request received 
by office September 6, 1983. 

C. Bob Horiuchi - applied (mailed application to office) 
October, 198l, but office has no record of receipt of 
application; request received by office September 13, 1983. 



II CRAFT VIOLATION HEARINGS 



A. Lisa Berkelhammer 



alleged violation of Ordinance ^1-83, 
Section 2*f01(b) "Handcrafted Item" 
definition; alleged Street Artist 
Violation (S.A.V. Code) III. 



B. Robert Wild 



alleged Street Artist Violation IV, 
Section 2 (second violation). 



C. Dolores Kalom 



- alleged Street Artist Violation II. 



Ill RENEWAL OF TEMPORARY SALES SPACES FOR CHRISTMAS SEASON 
(PROPOSAL FROM STREET ARTISTS ASSOCIATION) 



IV NEW BUSINESS 



/J. Ui~ face -S'JyyheJ ffitf?( ')«*«* « 



,j ' M :(Uj y3i/?3 ' 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO. 94102 



City and County of San Francisco 



Art Commission 




Dianne Feinstein 
MAYOR 



Qholts 



Commissioners 



Roselyne C. Swig 
President 



Claire Isaacs 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTE E 

September 20, 1983 
Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco, California 

-s:MINUTES 



OCT 3 1983 

SAN FRANCISCO 
PUBLIC f «r>QAPV 



Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 






Present: Commissioners Taliaferro and Goerner 

Chairman Taliaferro called the meeting to order at 2:35 p.m. 

Commissioner Goerner moved that the Minutes of the Program Committee's 
meeting of August 23 , 1983 be approved; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

I REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Raman Attou (Khaldi) - applied October 15, 198l; was notified 
February, 1982, but never received notice; his request for 
priority was received by the Program office on August 25, 1983* 
Commissioner Taliaferro moved that Mr. Attou' s request be ap- 
proved; the motion was seconded by Commissioner Goerner and 
unanimously approved. 

B. Lorna Koppel - applied July, 1979; was notified February, 198l, 
but the letter was returned to the Program office; her request 
for priority was received by the office on September 6, 1983. 
Commissioner Taliaferro moved that Ms. Koppel 's request be 
approved; the motion was seconded by Commissioner Goerner and 
unanimously approved. 

C. Bob Horiuchi - maintained he mailed his application to the 
office in October, 198l; the office, however, has no record 
of having received the application; Mr. Horiuchi 's letter- 
request for priority, dated September 15, 1983 1 states that 
he moved from his original address and has had problems with 
the mail. Mr. Horiuchi told the Committee that he is seeking 
certification for "shoji-craft ," and that when he had applied 
he had been told it would take one to two years for a certif- 
icate. Commissioner Goerner moved that Mr. Horiuchi 's request 
be approved; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 



II CRAFT VIOLATION HEARINGS 

A. Lisa Berkelhammer - Ms. Berkelhammer did not appear. Program 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page 2 



Director Lazar informed the Committee that Ms. Berkelhammer had not ap- 
peared at her hearing with the Advisory Committee that morning, and that 
she had notified the office of her inability to appear due to schooling 
commitments. The Advisory Committee heard from the artist who had sub- 
mitted the complaint against Ms. Berkelhammer ' s display of earrings and 
beaded necklaces. The Advisory Committee examined two pieces of evidence 
and concluded: (a) while Ms. Berkelhammer ' s earrings satisfy the present 
criteria, the "main object of sale" in the earring "is a manufactured piece 
of metal"; (b) there is need for an Advisory Committee hearing to review 
and clarify the criteria for earrings and their components; and (c) no 
finding could be rendered with respect to the submitted necklace "because 
there is no adequate proof" that it was not made by the artist. 

Commissioner Goerner moved that the complaint against Ms. Berkelhammer ' s 
earrings be dismissed, and that the complaint against her necklaces be 
sustained and heard the following month; the motion was seconded by Com- 
missioner Taliaferro and unanimously approved. 

B. Robert Wild - Mr. Wild did not appear. Mr. Lazar informed the Committee 
that Mr. Wild had not appeared at his hearing with the Advisory Committee 
that morning. On August 24, 1983, Mr. Lazar filed a report of alleged 
violation by Mr. Wild for displaying items which were allegedly not 
certified and not of the - artist's own creation. According to the report, 
this constituted a second violation, as the Art Commiss .on had resolved 
on March 7, 1983 that Mr. Wild be found in violation, Street Artist Viola- 
tion IV, Section 2, that the penalty be suspended, and that any future 
violation of this type will warrant a one-year suspension. The Advisory 
Committee had examined the report's photographs of Mr. Wild's display 
and had concluded that the display of haircomb/barrettes constituted 
S.A.V. IV, Section 2. 

Commissioner Taliaferro noted that the Commission has been lenient with 
cases involving a first offense and that the Commission issues warnings 
that penalties are imposed for second offenses. 

Mr. Lazar informed the Committee that S.A.V. IV alone, not including 
Section 2, provides the artist with the option to accept a standard 
penalty suspension (without hearing) or to request a hearing. He said 
that Mr. tfild was sent such an option and was requested to return his 
preference to the office nc later than September 19, otherwise the standard 
penalty suspension of six weeks would automatically be imposed. The office 
had not received his notification. Mr. Wild would be suspended for six weeks 
commencing September 21st. What was presently before the Program Committee 
was alleged violation Section 2, second violation. 

Commissioner Goerner moved that Mr. Wild be found in violation, Section 2 of 
Street Artist Violation IV, second violation, and that his certificate be 
suspended for a period of one year, commencing after termination of the 
standard penalty suspension for S.A.V. IV; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. The Commissioners re- 
Continued 



STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page 3 



quested that Mr. Wild be notified of the Program Committee's recommenda- 
tion, the date of its submittal to and consideration by the Art Commission, 
and the artist's right to hearing before the full Commission. 

C. Dolores Kalom - Ms. Kalom appeared with her attorney, Ms. Sandra Coliver. 
Mr. Lazar reported the Advisory Committee's findings with respect to Ms. 
Kalom' s alleged Street Artist Violation II: according to the Advisory 
Committee's minutes, Ms. Kalom 's work "overall ... is beautiful - far 
surpasses most work on the street. We find the photo not clear enough 
to determine all of the necklaces. There is one necklace we can see that 
is in violation - the white shell bird-pendant violates S.A.V. II pendant 
criteria. " The Advisory Committee had further observed that some of Ms. 
Kalom's necklaces (shown to the Committee) "do not meet criteria in the 
sense that some of her necklaces appear to be strung the same as purchased." 
The Advisory Committee had cited a coral necklace as being strung as purchased 
and an abalone bird pendant as not meeting the pendant criteria. Mr. Lazar 
reported that the Advisory Committee had not been in agreement as to whether 
the few examples in question represented a violation of her work since the 
work itself was considered of the highest calibre. 

Ms. Kalom presented samples of her work to the Program Committee. 

Commissioner Taliaferro, citing the Advisory Committee's findings of 
overall excellence of work and the members' division of thought with 
respect to two or three of Ms. Kalom's items, moved that the charge of 
Street Artist Violation II against Ms. Kalom be dismissed and that in 
the future, if Ms. Kalom has a question on the legality of an item, Ms. 
Kalom submit the item to the Advisory Committee; the motion was seconded 
by Commissioner Goerner and unanimously approved. 

Commissioner Goerner referred to a September 20, 1983 letter-communication 
from Attorney Margolin and questioned Mr. Lazar about the third point 
raised by Mr. Margolin, that Ms. Kalom never received a Notice of Alleged 
Violation of Certification since the August 1, 1982 incident and that she 
had been first notified of the charge of Violation II when she received 
notification of hearing seven months after the incident. Mr. Lazar stated 
that the August 1, 1982 incident involved an alleged violation of assault 
and obstruction of duty of the Art Inspector, that he had written for 
City Attorney clarification on whether the Art Commission had the authority 
to suspend or revoke for reasons of assault and obstruction of duty, and 
that he had been advised by the City Attorney's Office to hold the case 
on file until such clarification was received. The City Attorney's clarifi- 
cation was written six months later, February 1, 1983; and Ms. Kalom was 
notified for hearing in March. Commissioner Goerner said that there was 
merit in Mr. Margolin's charge that such delay deprived Ms. Kalom of 
due process rights. 

Ill RENEWAL OF TEMPORARY SALES SPACES FOR CHRISTMAS SEASON (PROPOSAL FROM 
STREET ARTISTS ASSOCIATION) 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page k 



Ms. Linda Stark of the Street Artists Association presented maps of the 
temporary sales spaces which had been approved for the previous Christmas 
season. She told the Program Committee that many of the spaces had been 
economically viable. She said that if the Committee would approve, in 
principle, the concept of renewal of the spaces, her organization would 
be able to meet with Mr. Lazar and with Mr. Pflueger of the Downtown 
Association; if the Downtown Association approves of the proposal, it 
could be submitted to the Board of Supervisors by November. 

Mr. Lloyd Pflueger, General Manager of the Downtown Association, told the 
Committee that the spaces last Christmas worked out well, but his organi- 
zation was recommending deletion of the three spaces on Post Street, north 
side, Stockton to Grant, as it is a narrow, busy street. His Association 
favored Ms. Stark's proposal for spaces on Stockton between Geary and 
O'Farrell (the back side of Neiman-Marcus) . He added that his organization 
would agree to other spaces that could be legally created. He said that 
the BART exit at the foot of Montgomery and Post could yield additional 
spaces: there is no need to maintain a five-foot distance between spaces 
around the BART wall; instead of the five-foot requirement, two feet could 
be maintained and this would provide for four or five additional spaces. 
The ordinance would have to be amended. He said that his Association 
agreed in principle to the renewal of the temporary spaces, minus the 
three on Post Street. 

Ms. Robin Schutte of Elizabeth Arden Salon and President of Post Street 
Promenade told the Committee that the block of Post Street between Grant 
and Stockton is very narrow, there is a flower merchant in front of 
Gumps, and traffic congestion last Christmas was the biggest problem. 
She said that, in the last week before Christmas, there were six to seven 
street artist tables when only three spaces had been approved. 

Mr. William Goulet of Gumps told the Committee that he did not object to 
street artists. He pointed out two concerns of his store: (l) having a 
flower stand in front of Gumps; and (2) street artists creating an obstruc- 
tion to the flow of traffic in front of the Gumps windows. He said that 
it has been a San Francisco tradition for people to see these windows, the 
crowds that gather in front of them are very congested, and the presence 
of street artists would visually break the progression of window-to-window 
story-telling aspect. 

Commissioner Taliaferro moved that the concept of renewal of the temporary 
sales spaces downtown for Christmas be approved, with the proviso that 
the three spaces proposed for Post Street, north side, Stockton to Grant, 
be deleted, and that the location of the spaces be reviewed and agreed 
upon by the Street Artists Association, the Downtown Association, and 
the Street Artists Program staff; the motion was seconded by Commissioner 
Goerner and unanimously approved. 

Ms. Stark said that the number of spaces would stay consistent with the 
number provided for last year, as six of the spaces which were not viable 
could be deleted and replaced by the creation of additional ones on 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - ,9/20/83 Minutes Page 5 



Stockton at O'Earrell and new ones around the BART exit on Montgomery 
and Post. She said that the first two weeks of December are usually 
slow, and her association would like to talk with Mr. Averbuch of The 
Market Street Project to set up a fair in United Nations Plaza to promote 
the Christmas season. 

NEW BUSINESS 

Commissioner Goerner commented that several street artists came to the 
Program Committee to report on money collection at the lotteries to pay 
for the services of Attorney Margolin for his alleged part in the re- 
designation of spaces on Stockton Street. The Commissioner said that his 
Committee had not been aware of any involvement of Mr. Margolin in this 
matter; he asked Ms. Stark for clarification on this. 

Ms. Stark said that the Street Artists Association is non-profit and 
collects funds to cover legal expenses. She said that what Mr. Margolin 
did, primarily, was to negotiate with the Art Commission last spring with 
regard to the Commission's proposal to relinquish its role in the Street 
Artists Program, and also Mr. Margolin had been involved with trying to 
negotiate the re- designation of the Stockton Street spaces long before 
the Art Commission got involved in the matter. 

Commissioner Goerner stated that both Commissioner Taliaferro and he - 
as well as the consensus of the Art Commission - felt it was not proper 
to collect funds during the lottery time. Commissioner Taliaferro stated 
that many artists feel they cannot obtain a space without giving a donation. 

Ms. Stark replied that the collection was not done during the lottery but 
afterward at the sign-in, and that, since then, they have agreed to do it 
after people have set up. 

Commissioner Goerner asked that, in the future, the Street Artists Program 
Committee and the Commission be aware of the Association's efforts so that 
there could be coordination of effort on key matters. 

Request by Applicant Luz Simco for Priority in Issuance of Certificate - 
(this request had come to office after agenda for meeting had been mailed) 
Ms. Simco had applied September 23, 198l, and was sent notice in January, 
1983; the notice was returned to the office. Commissioner Goerner moved 
that Ms. Simco' s request for priority be approved; the motion was seconded 
by Commissioner Taliaferro and unanimously approved. 

Commissioner Goerner suggested that the Program consider sending its mail 
registered. Commissioner Taliaferro said it would be proper to do so as 
legally as possible, and that this expense could be covered by the 
certificate fee increase. 

Request for Disabled Veteran Exemption in Obtaining Certificate - Mr. Lazar 
reported that he had received a request from a disabled veteran for priority 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 9/20/83 Minutes Page 6 



above the waiting list in the issuance of a certificate. Mr. Lazar had 
checked with the City Attorney on whether the Art Commission could 
grant such an exemption; he presented copies of the City Attorney's 
letter-response, to the Commissioners: under existing street artist law, 
the Art Commission could not grant such exemption; amending language would 
be needed for enactment by the Board of Supervisors. According to the 
letter, "... Because of the strong public policy embodied in state, 
federal and local laws with respect to veterans' preference, we have 
concluded that such legislation may be enacted by the Board of Supervisors 
and would not be in conflict with the provisions of the street artists 
initiative ordinance ..." In other words, such legislation would not 
have to go to the ballot. Mr. Lazar asked that the Program Committee 
hold a hearing on this issue. Commissioner Taliaferro directed him to 
place it on the following month's agenda. 

Amendments to Lottery Regulations - Ms. Stark informed the Committee that 
75 out of 150 artists at a recent lottery submitted to a survey regarding 
changes they would like to see in lottery procedures. She said that at 
a Lottery Committee meeting Mr. Lazar had asked the Committee to compile 
all recent amendments to lottery rules voted on at the lotteries and to 
submit this list to the Street Artists Program Committee. Ms. Stark 
said that she would try to compile it in time for the Program Committee's 
next meeting. 

Commissioner Goerner moved that a hearing be held on amendments to lottery 
regulations at the next meeting of the Program Committee; the motion was 
seconded by Commissioner Taliaferro, and unanimously approved. 



The meeting adjourned at 3*37 p.m. 



Respectfully submitted: 
Howard Lazar 



City and County of San Francisco 



£P 



3^; 




\o/zs/i3 



STREET ARTISTS PROGRAM COMMITTEE 



^ Ar.t Commission 

UwJUMENTS DEPT. 

OCT 1 7 1983 

SAN FKANCiSCO 

pu ' • ■■■'• ' i oapy 



Commissioners 



Rosclyne Swig 
President 

Dmitri Vedensky, Jr. 
\l\ca President 

Vernon Alley 
Blanche Brown 
Fredrick Goerner 
Robert I.aRocca 
Richard Mayer 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriyuez 
liny Tn I i ;i Fcrro 

Ex Officio Members: 

Mayor Dianne Feinstein 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Tuesday, October 25, 1983 

2:00 p.m. 

Main Library -, Commission Room (3rd floor) 

Larkin and McAllister Streets 

San Francisco 

^s. A G E N D A 



I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Ira S. Kessey - Certificate #2804 expired July 6, 1983; 
Mr. Kessey' s request for priority received by office 
September 27,, 1983. 

II ' REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Modupe Olufunni - applied October 7i 1983; letter from 
applicant states previous application in 1978. 

III CRAFT VIOLATION HEARINGS 

A. Lisa Berkelhammer - letter received by office on Sept. 23rd 
withdrawing complaint against Ms. Berkelhammer 

B. Phil Lawrence (Philip Curatola) - Street Artist ' Violation IV, 
Section 2 (alleged display of cassette tapes) 



Jlaire Isaacs 
Director of 

Cultural Affairs 



IV HEARING ON VETERAN EXEMPTION IN OBTAINING CERTIFICATION 



V HEARING ON CERTIFICATION OF THE SALE OF CASSETTE TAPES 



VI HEARING ON AMENDMENTS TO LOTTERY RULES 

VII ADVISORY COMMITTEE FINDINGS (OCTOBER 18 HEARING) RE: CRITERIA 

FOR EARRINGS (BEADSTRINGING) 

VIII NEW BUSINESS 



115) 558-3463 



45 HYDE STREET, ROOM 319 



SAN FRANCISCO, 9A102 



City and County of San Francisco 

5F ^ 

A "7A Dianne Feipstein 

MAYOR 




Art Commission 

Claire N. Isaacs 

DIRECTOR 



Commissioners 



Uoselyne C. Swig 

President 

k 
\ 

IJjjiitri Vedensky, Jr. 

Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ruy Tuliuferro 

Kx Officio Members: 

Presidents of the 

Pine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

■^ October 25, 1983 

Main Library - Commission Room DOCUMENTS DEPT. 

Larkin and McAllister Streets 
San Francisco ,' 



MINUTES 



NOV 9 1983 

SAN FRANCISCO 
PUBLIC f IRRAPY 



Present: Commissioners Taliaferrci and Hanson 

Chairman Taliaferro called the meeting to order at 2:07 p.m. 

I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Ira S. Kessey . Mr. 1 Kessey did not appear. No action was 
, . taken. 

II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Modupe Olufunni . Ms. Olufunni told the Committee that she 
had applied for a certificate in October, 1978, and had been 
out of the country when she was notified for review. She 
said the notice had been received by her brother who had 
then called i her. She further stated that Mr. Thomas (the 
Assistant Director of the Street Artists Program) 'had said 
that she could be screened when she got back in town. 

Program Director Lazar stated that he had checked the waiting 
lists of applicants from 1976 to the present, as well as the 
lists of persons notified, and had found, no record of her, 
name . • , 

Commissioner Taliaferro stated that Mr. Thomas had left the 
Program over a year ago. The Commissioner moved that Ms. 
• Olufunni 's request for priority be disapproved; the motion 
was seconded by Commissioner Hanson and unanimously approved. 

Ms. Olufunni said she would appeal to the full Commission. 



Ill CRAFT VIOLATION REVIEWS 

A. Lisa Berkelhammer (charged with alleged Street Artist Viola- 
,tion III). Ms. Berkelhammer appeared. Commissioner Taliaferro 
acknowledged that the private complaint against Ms. Berkel- 
hammer had been withdrawn. The Commissioner moved that the 
charge against Ms. Berkelhammer be dismissed; the motion was 
seconded by Commissioner Hanson and unanimously approved. 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 9' 



STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 2 

B. Phil Lawrence (Philip Curat ola) (charged with alleged Street Artist 
Violation IV, Section 2). Mr. Lawrence appeared with his attorney, 
Mr. Alan Hoffman. 

Commissioner Taliaferro reported on the recently received City Attor- 
ney opinion regarding "Certification of the Sale of Cassette Tapes 
Under the Street Artists Program." The Commissioner said he disagreed 
with the opinion, but that he would recommend that the Advisory Com- 
mittee create the new category and that Mr. Lawrence be certified 
under it. The Commissioner further made the following points: 

1) The Art Commission had always considered its Street Artists 
Program as a visual arts program, not a performing arts program; the 
City Attorney will have to be questioned on whether the street artists 
law is to be so broadened as to include the licensing of performers. 

2) The City Attorney should be requested to answer specifically 
the question of whether the Street Artists Program is supposed to 
certify for the performing arts, including movies. 

3) The inclusion of movies and other performing arts will bring 
about a total revision of the street artist sales spaces; the Commis- 
sion will have to request the Board of Supervisors for additional 
spaces. 

k) How will the Commission regulate its space-assignment lotteries? 
Will there be one lottery for performing artists and another for visual 
artists? 

5) Should the street artists law be changed to reflect more 
specifically what the people had in mind when they approved it? 

6) Before Mr. Lawrence may be certified for cassette tapes, the 
Advisory Committee will have to create a category for audio cassettes 
with imposed limits on their sale. If a certificateholder is permit- 
ted to sell all the tapes he can process, then the rules governing 
sale limits on other crafts will have to be revised. 

Commissioner Hanson said that she had been out of the country 
and had only very recently been able to look at the City Attorney's 
opinion. She said that the points raised in the opinion were of such 
significance as to warrant the City Attorney's reconsideration of the 
whole issue. She responded to the "Proposed Guidelines for Administer- 
ing Certification and Sale of Cassette Music Production" set forth 
in Mr. Hoffman's letter of October 21, 1983, to the Program Committee: 

1) In reference to Commissioner Alley's volunteering of his 
expertise to the Advisory Committee, Commissioner Hanson said that 
Mr. Alley was not a permanent Art Commissioner, and that there would 
have to be a provision for obtaining and funding the necessary expertise 
in creating the new certification category. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 3 



2) In reference to Mr. Hoffman's position that "Mr. Lawrence's 
work would fit within the definition of family unit," Commissioner 
Hanson said that she did not believe "family unit" was meant to apply 
to a situation in which an artist contracted with others for their 
artistic services. 

3) Much has been left unsettled by the City Attorney's opinion. 

Mr. Hoffman told the Committee that Commissioner Alley had volunteered 
to provide the expertise which the Advisory Committee had asked for 
in their letter of October 6, 1982. The Commissioner had volunteered 
subject to President Swig's permission which had been given. 

Commissioner Taliaferro said that if the City Attorney were to assert 
that his interpretation of the street artists law was so broadened as 
to include performing artists, the composition of the Advisory Com- 
mittee would have to be reconsidered so that a member would be a 
performing artist. 

Mr. Hoffman said that his client's art work was not a performance 
but an item on which a performance was recorded; he felt that the 
City Attorney would make this same distinction. 

Commissioner Taliaferro maintained that the tape and the plastic of 
the cassette were not of Mr. Lawrence's creation, and that what was 
being offered for sale was the performance. 

Mr. Hoffman requested that it be stated for the record that there 
was a fundamental disagreement here. He stated that it was the total 
production which his client was selling: he had produced his performance 
in a studio, and it was now a tangible item which could sit on a table. 
With regard to the concern over the sale of movies, Mr. Hoffman said 
he believed that on a practical matter such producers would not be 
interested in selling in the Street Artists Program. He said that this 
would open the Program to independent videocassettes; and if this were 
to open the door for the designation of more sales spaces, the Art 
Commission would be very popular. 

Commissioner Taliaferro responded that this step did not mean that 
the Board of Supervisors would necessarily provide more spaces. It 
did mean that there would be a "crunch" on the existing spaces. 

Mr. Hoffman made the following points: 

l) In limiting the number of cassettes his client could sell, 
the Advisory Committee would have to consider the characterisitics 
that distinguish this art form from prints. The expert on the Ad- 
visory Committee - or Commissioner Alley - would be knowledgeable 
in the expenses inherent in the art, and this person should be the 
one to determine the number of multiples. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page k 



2) Program Director Lazar (responding to Mr. Hoffman's query 
in advance of the meeting) had said that two of the three members 
had agreed to adopt the City Attorney's opinion; based on this, Mr. 
Hoffman did not bring in his art scholar witnesses. He asked the 
Commission to stick to that assurance. 

3) The City Attorney's opinion stated that "family unit" 
pertained to a musician accompanied by other musicians. 

Commissioner Taliaferro said there were only two members on the 
Program Committee now. Commissioner Goerner had resigned. 

Commissioner Hanson recommended that the opinion be sent back to the 
City Attorney, with the questions raised by the Program Committee, 
for further analysis. The questions would include whether performing 
artists would come under the street artists law which she felt had 
been written with respect to visual artists ... What specifically 
would be the Art Commission's new responsibilities? ... What funding 
would be implied by those responsibilities? ... Can the law be 
broadly interpreted to include other manifestations of performing 
arts - slides, movies, other documentation or performing arts? 

Mr. Hoffman said that the questions raised did not pertain to the 
question answered by the opinion, and that there was nothing further 
for the City Attorney or the Program Committee to consider. He sub- 
mitted into evidence a petition of 86 street artist signatures in 
support of Mr. Lawrence. He submitted a copy of a letter from a 
purchaser of his client's art, who appreciated it. He also submit- 
ted a copy of the copyright held by his client for a work of art 
which was a tangible item. 

Commissioner Taliaferro moved that the issue be put over for another 
thirty days during which time (a) the Committee's questions be sub- 
mitted to the City Attorney, and (b) a special meeting of the Street 
Artists Program Committee be held with the Advisory Committee, the 
City Attorney, and all other interested parties, with respect to the 
nature of the Street Artists Program; the motion was seconded by 
Commissioner Hanson and unanimously approved. 

The meeting was scheduled for Tuesday, November 15th, at 2:00 p.m. 
Commissioner Taliaferro said that the 86 artists in support of Mr. 
Lawrence were invited to attend, as well as the art scholars whom 
Mr. Hoffman was prepared to present. 

Mr. Hoffman stated that he wanted the record to show he was requesting 
an appeal of this particular disposition of the issue, before the 
Art Commission. 

Commissioner Taliaferro moved that the charge against Mr. Lawrence 
be dismissed; the motion was seconded by Commissioner Hanson and 
unanimously approved. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 5 



IV HEARING ON VETERAN EXEMPTION IN OBTAINING CERTIFICATION 

Mr. Lazar informed the Committee that he had, for the second time, 
notified the two individuals who had requested the Street Artists 
Program and the City Attorney's office for veteran exemption priority 
above the waiting list of applicants. They were not present. Street 
Artist Michael Rogers read a passage from California law which provides 
for veteran exemptions. 

Commissioner Taliaferro moved to put over hearing the issue to the 
regular meeting of the Program Committee in November; the motion was 
seconded by Commissioner Hanson and unanimously approved. 

V HEARING ON AMENDMENTS TO LOTTERY RULES 

The Committee was informed by Mr. Lazar that the proposed temporary 
sales spaces downtown for the Christmas season met with the approval 
of the Downtown Association and will be submitted to the Board of 
Supervisors in the following week. Mr. Lazar had met with the Lot- 
tery Committee to draft a procedure, for a trial period, which would 
enforce the lottery rules and help maintain peace in the spaces during 
the Christmas season. 

Ms. Linda Stark, President of the Street Artists Association and mem- 
ber of the Lottery Committee, submitted .the lottery proposal to the 
Program Committee. She said that the reason for the proposal had not 
been put to a vote of the artists because the Committee was attempting 
to implement a rule already in existence: any artist who obtains a 
space cannot give it away. Since this was the original intent of the 
lottery system, the submitted proposal set forth a procedure for en- 
forcing the rule. There would be penalties (after hearings by the 
Lottery and Program Committees) given to anyone who does not use a 
space they selected, with the exception of those persons who notify 
a lottery member that they wish to relinquish the space, or in the 
instance of a mistake or misunderstanding. The procedure was aimed 
at deterring "chronic abusers" of the lottery system. 

Street Artist Michael Rogers raised three objections: 

1) He maintained that, according to the lottery rules, all lot- 
tery guidelines have to be submitted for a vote by the artists in a 
lottery. 

2) The Lottery Committee must remain non-political, according 
to the rules, unless a petition of twenty- five valid street artists 
requests the Committee to initiate political activity. 

3) It was a special interest group who had formulated this 
proposal; Mr. Rogers had no objection to "cleaning up the street" so 
long as all the laws were enforced. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 6 



Mr. Lazar clarified that it was not the Lottery Committee who had 
initiated the proposal; it was he who had asked the Lottery Commit- 
tee to work on it for presentation to the Program Committee, in the 
interest of maintaining peace and order on the streets this Christ- 
mas and as a good faith gesture to the Downtown Association who had 
given their endorsement of the spaces. 

Street Artist William Clark made the following points: 

1) He suggested that the rule requiring an artist to have his 
lottery slip at all times while occupying a space be changed to 
require that the slip be attached to the display once it is placed 
in a space. 

2) According to Section 2^10 of the street artists ordinance, 
a person "shall be guilty of an infraction and subject to a fine" 
for violating any of the street artist rules or regulations. There- 
fore, in the instance of a lottery violation, it is not within the 
duty or jurisdiction of the Art Commission to suspend a certificate. 
Rather, it is the duty of the Commission, through its lottery, to 
call the Police to handle the problem. No one, Mr. Clark said, 

has thus far done this. 

Street Artist Eunice Rodriguez said that a group of people have tried 
to control and run the Street Artists Program, and that artists are 
not checked by the lottery for their State Sellers Permits (required 
by law for participation in the lotteries). 

Street Artist William Kaufman told the Program Committee that the 

practice of giving a space to another artist has made it possible 

for him to use his wife's space while she has to be home with their 
child, and vice versa. 

Street Artist Vicky Carp stated that the proposal was not from a 
select group but from the Lottery Committee who are elected by the 
artists themselves. 

Lottery Member Jill Schlesinger said it was her duty to help the 
lottery run smoothly, that the giving away of spaces was a very 
clear abuse of the intent of the regulations, and that the penalties 
should be enforced on those who sign up for a space and give it away 
rather than on those who are given the spaces. 

Ms. Stark said it has gotten to the point where many people have 
lost faith in their lottery unless they are able to bring other 
people to the lottery to obtain spaces for them. 

Street Artist Robert Clark said that Lottery Members are elected 
solely to run the lottery, and that enforcement should be on the 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 10/25/83 Minutes Page 7 



person who was given a space, because it could be readily seen 
that he would have no slip for it. He also said that Lottery 
Members were giving away spaces and breaking other rules. 

Commissioner Taliaferro commended those artists who had spent their 
time to let the Art Commission know, at its request, what the flagrant 
problems were. He advised Mr. Lazar to send out a memorandum to the 
Police and the merchants, calling their attention to these problems, 
and assuring them that the Art Commission will take steps to enforce 
the rules. He added that the Commission would be guided by the 
recommendations of the proposal in implementing, to the best of its 
ability, the law. 

Commissioner Taliaferro moved that Program Director Lazar use the 
Lottery Committee proposal to develop procedures for enforcing 
lottery violations; the motion was seconded by Commissioner Hanson 
and unanimously approved. 

VI ADVISORY COMMITTEE FINDINGS RE: CRITERIA FOR BEADSTRINGING EARRINGS 

Mr. Lazar reported that the Advisory Committee had come up with new 
criteria for beadstringing earrings but had lacked a quorum; a vote 
will be taken at their meeting on the following month. 

VII NEW BUSINESS 

Commissioner Taliaferro said that the Street Artists Program was 
generally considered to be one of the most dynamic programs of the 
Art Commission. He expressed deep regret over the resignation of 
Commissioner Fred Goerner and stated that the Commissioner was one 
of the very best to have served on the Street Artists Program Committee, 

Commissioner Taliaferro invited artists to call the Program office 
if they see violations of the Street Artist Violation Code. If there 
are problems of a more physical nature, he said, the Police should be 
called. Street Artist William Clark asked if the Art Commission 
would forward a street artist complaint to the District Attorney, if 
so requested. Commissioner Taliaferro said that the Commission would. 

Street Artist Eunice Rodriguez asked that the Commission check all 
street artists for the validity of their California Seller's Permits. 

The meeting adjourned at 4:31 p.m. 

Respectfully submitted: 



^W^^^y\^ 



Howard Lazar 



City and County of San Francisco 



Arts Commission 




A70,75 



n/ii/83 



Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Kx Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, November 22, 1983 - 2:00 p.m. 
Public Library - Commission Room (3rd floor ) 
Larkin and McAllister Streets 
San Francisco 

i 

AGENDA. 

I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Carolyn Dale - Certificate #2886 expired 9/17/83; her request 
for priority received by office 10/20/83; hearing re- 
scheduled from 10/25/83. 

II HEARINGS ON ALLEGED CRAFT VIOLATIONS 

A. John Beard - alleged violation Section 2 (of S.A.V. IV): ' 

alleged display of belts. 

B. Toney Burkhart - alleged violation Section 2 (of S.A.V. IV): 

alleged display of metal pendants. 

III HEARING ON PROVISION FOR VETERAN'S EXEMPTION IN OBTAINING 

CERTIFICATION 



IV RECOMMENDATIONS FROM ADVISORY COMMITTEE RE: EARRINGS CRITERIA 

(BEADSTRINGING) AND CLOISONNE PENDANT.S 

V NEW BUSINESS 



ITS DEPT. 

NOV 2 2 1983 

ISCO 

* pi 1 ■ ■> 1 ^ " IB ft A P Y 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 



-•if: 



Arts Commission 




Commissioners 



Hoselyne C. Swig 
President 



<C 



P 



A "")/*> ""7<r Dianne Feinstein 
^ U * ^ MAYOR 



:g* STREET ARTISTS PROGRAM COMMITTEE 

November 22, 1983 
Main Library - Commission Room 
Larkin & McAllister Streets 
San Francisco, California 

SSeMINUTES 



Claire N. Isaacs 
DIRECTOR 



DOCUMENTS DEPT. 

DEC 6 1983 

SAN FRANCISCO 
piioi ir » ip.rary 



Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Present: Commissioner Hanson 

Commissioner Hanson called the meeting to order at 2:05 p.m. The 
Commissioner stated that, in the absence of a quorum, the Program 
Committee would be able to hear testimony but could not vote on 
any issue. Commissioner Hanson would submit the items to the full 
Art Commission at its next , meeting, for a separate vote on each item. 
(The items are listed at the end of these Minutes.) 

I REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Carolyn Dale (Certificate #2886 had expired September 17, 1983; 
her request for priority had been received by the Program office 
on October 20, 1983.) Ms. Dale told Commissioner Hanson that 
she had not had her certificate with her at the time she had 
been in Portland with her sister who had been undergoing 
chemotherapy. She had not been aware of the certificate's 
expiration date. Commissioner Hanson said she would ask the 
Commission to approve Ms. Dale's request. 



II HEARINGS ON ALLEGED VIOLATIONS 

• 

A. John Beard (alleged violation Section 2 of S.A.V. IV; alleged 
display of belts) Mr. Beard told Commissioner Hanson that at 
his hearing with the Advisory Committee, the Committee had not 
wanted to examine his items. He added that he thought the 
belts were covered under his certified category of fabricated 
jewelry. 

Advisoey Committee Member Sandra Rott explained that Mr. Beard 
had been screened oh September 27, 1983 and approved for fab- 
ricated jewelry and, at the time, had sought approval for belts. 
Because of his insufficient amount of examples, Mr. Beard had 
been told to arrange for a screening of his belts at a future 
time. At his violation hearing, Mr. Beard, she said, stated 
he had not been clear that he had to 'have his belts screened 
separately. 

Program Director Lazar told Commissioner Hanson that the Advisory 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



Continued 

SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 11/22/83 Minutes Page 2 



Committee had not made a finding as to whether the belts were made by 
Mr. Beard and therefore no finding was submitted for consideration by 

the Program Committee. 

Commissioner Hanson said the case should go back to the Advisory Committee. 

B. Toney Burkhart (alleged violation Section 2 of S.A.V. IV; alleged display 
of metal pendants) Mr. Burkhart stated that he thought his present sus- 
pension which he had accepted as a standard penalty for S.A.V. IV covered 
the entire violation and that he could now get his item screened and 
certified. 

Mr. Lazar stated that the standard penalty accepted by Mr. Burkhart was 
only for the first part of the violation (S.A.V. IV), and that Mr. Burkhart 
had been informed on the very standard penalty form which 'he had signed, 
that Section 2 of the violation would be heard mandatorily by the Art Com- 
mission and its committees. Mr. Lazar further stated that the Advisory 
Committee had not made a finding as to whether Mr. Burkhart made the items 
for which he had been cited. 

Advisory Committee Member Sandra Rott stated that her Committee had said 
it was questionable as to whether he made the items because he showed 
only one example. 

Commissioner Hanson said the case should go back to the Advisory Committee 
as part of the procedure. 

III HEARING ON PROVISION FOR VETERAN'S EXEMPTION IN OBTAINING CERTIFICATION 

Mr. Lazar stated that he had invited the veteran who had submitted the 
request for exemption, to attend, but he was not present. Street Artist 
Eunice Rodriguez said that people who fought for their country have the 
right to have a little more eligibility to make a living. Street Artist 
Al Gamarra supported this view. As no clear proposal had been submitted, 
the issue would be taken up at a later date. 

IV RECOMMENDATIONS FROM ADVISORY COMMITTEE RE: EARRINGS CRITERIA (BEADSTRINGING) 

AND CLOISONNE-TYPE PENDANTS 

Mr. Lazar reported on the new criteria voted on by the Advisory Committee 
at its meeting of November 15th and said he recommended a 90-day delay 
in implementation of the criteria. 

Advisory Committee Members Sandra Rott and Mathew Porkola spoke of their 
hearing on considering the elimination of commercially-manufactured 
cloisonne-type pendants from the Program, due to reported radioctivity 
in the glazes of the pendants. Mr. Porkola said he spoke with personnel 
of the radiology lab in Berkeley who said their figures on the radioactivity 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 11/22/83 Minute a ' Page 3 

in the pendants were very low; Mr. Porkola said this differed from the 
NRC's positinn. Ms. Rott said that the issue was not settled. Mr. Porkola 
said that his Committee had been divided on whether to recommend a mora- 
torium on the pendants. The Committee members requested more time'to 
explore the issue. 

V NEW BUSINESS 

Requests by Former Certificate-Holders . Program Director Lazar reported 
on his office's receipt of requests by two former certificate-holders - 
Ray Storch and Iris Settles - for priority in issuance of certification. 
Mr. Storch 's certificate #2689 had expired October 13, 1983, and Ms. 
Settles' certificate #284^ had expired September 7, 1983. Both had 
requested Mr. Lazar to submit their requests to the Program Committee 
as they had stated an inability to appear. Mr. Lazar told Commissioner 
Hanson that the requests for priority had been submitted within the 
three-month period allotted by the Commission. 

Cliff House Lottery . Mr. Lazar Submitted a letter-request by a street 
artist for a more equitable lottery distribution of the three spaces 
at Point Lobos, in front of the Cliff House. The letter alleged that 
all members of family units were entering the lottery and competing 
with single artists which, by odds, was unfair. Mr. Lazar said he would 
investigate the Cliff House Lottery procedure, speak to the people who 
use the spaces, and report with recommendations at a later date to the 
Program Committee. Commissioner Hanson said further discussion would 
follow when the recommendations are submitted. 

Amendment to Minutes . Commissioner Hanson said she would ask the Art 
Commission to amend the Program Committee's Minutes of October 25, 1983, 
page 2, last paragraph. 

Lottery-Occupancy Rule . Street Artist Eunice Rodriguez stated that if the 
Commission were to enforce the lottery's occupancy rule for the downtown 
spaces, it would not be fair, as the rule has not been enforced at the 
Wharf, and also lottery members have been allowed to trade their days 
of running the lottery. 

The meeting adjourned at 3:09 p.m. 

SUMMARY 

The following items are to be submitted for a vote by the Art Commission 
at its next meeting: 

1) Requests by former certificate-holders for priority in issuance 
of certificate: Carolyn Dale, Ray Storch, Iris Settles. 

2) Criteria recommended by the Advisory Committee for "Earrings 
(Beadstringing)" to be implemented 90 days after Commission 

continued 



STREET ARTISTS PROGRAM COMMITTEE - 11/22/83 Minutes ■ Page k 



resolution: 

"A commercially manufactured pendant may be permissible 
in an earring when the pendant has been determined by 
the Advisory Committee to be an integral element of, 
and/or subordinate to, the total design of the earring." 

3) Amendment to Street Artists Program Committee Minutes of October 25, 
1983; page 2, last paragraph, to be amended in reference to Com- 
missioner Alley. 

Respectfully submitted: 





Howard Laz'ar ^ 



City and County of San Francisco 



Arts Commission 




SP 



/\"70«"7S Dianne Feinstein 

4 o MAYOR 



Claire N. Isaacs 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vodunsky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



DOCUMENTS DEPT. 

DEC 1 4 1983 

SAN FRANCISCO 

piirM |^ J IRRAPV 



♦STREET ARTISTS PROGRAM COMMITTEE 

Monday, December 19, 1983 - 2:30 p.m. 

Main Library,- Lurie Room (1st floor) 
Larkin and McAllister Streets 
San Francisco, California 

r«5 A G E N D A 



I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Joe Russo - Certificate # 277 expired October 1, 1983; 

Mr. Russo' s request for priority received by office 
December 1, 19&3. 

B. Jane Thompson - Certificate # 26^+0 expired October 30, 

1983; request for priority received by office December 6, 
1983; Ms. Thompson requests also extension of time to 1 
renew by mail. 

C. Wang Leong Tong - Certificate # 2607 expired November 27, 

1983; request for priority telephoned to office 
December 12, 1983. 

II REQUEST BY APPLICANT FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Susan Costa - applied May 9, 1983; listed as "wife" on 

husband Paul Costa's application of January 20, 1982, 
sharing in the creation of items. , 

III REQUEST BY STAFF FOR DELETION OF STANDARD PENALTY PROVISION 

FOR STREET ARTIST VIOLATION IV, STREET ARTIST VIOLATION CODE 

IV NEW BUSINESS 



* * * 



415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 

/a/Oj 'S Dianne Feinstein 
U j MAYOR 

llM/*3 

Commissioners 



-s Arts Commission 




Claire N. Isaacs 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
; William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

i Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



December 19, 1983 
Main Library - Lurie Room 
Larkin and McAllister Streets 
San Francisco, California 

^MINUTES 



uOCUMENTS DEPT. 

JAN 6 1984 

SAN FRANCISCO 
pi |c-m ic ' intf/kpv 



Present: Commissioner Taliaferro 

Commissioner Taliaferro called the meeting to order at 2:^+0 p.m. and 
stated that, in the absence of a quorum, he would hear but not act 
upon the agenda's business and would submit any business requiring 
action to the full Art Commission at its next meeting. 

I REQUEST BY APPLICANT SUSAN COSTA FOR PRIORITY IN ISSUANCE OF 

CERTIFICATE 

Susan Costa applied for a street artist certificate on May 9, 
I983. She appeared with her husband Paul Costa. Program 
Director Lazar explained that, previously, the Costas had 
requested priority for Mrs. Costa at the time her husband's 
name had come up for certification. Mr. Costa, who had applied 
January 20, 1982, had stated that he had thought his application 
had been for both his wife and himself, and that he ,had not 
understood that Mrs. Costa's name had had to appear on it. 
Their request, nevertheless, had been disapproved (Art Commis- 
sion Resolution #1983-696, Sept. 7, 1983). Mr. Lazar stated 
that recently he had occasion to examine Mr. Costa's file and 
had observed that the application stated that the items for. 
which Mr. Costa sought certification were "handmade by me and 
my wife." Mr. Lazar said that, while Mrs. Costa's name was 
not stated, the mention of "wife" appeared evident that it 
was meant to have included her. Mr. Lazar had asked the 
Costas to bring to the Committee verification of their marriage . 
at the time of Mr. Costa's application. 

Mr. Lazar submitted a copy of Mr. Costa's application. The 
Costas submitted their marriage certificate which was dated 
December 27, 1973, Reno, Nevada. 

Commissioner Taliaferro said that he would recommend, at the 
Art Commission meeting, that Resolution #1983-696 be rescinded 
and that Mrs. Costa's request for priority in issuance of 
certificate be approved. 

II REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 



Continued, 



•15) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 12/19/83 Minutes Page 2 



A. Joe Russo - Certificate #277 had expired October 1, 1983. Mr. Lazar 
submitted Mr. Russo' s request for priority (received by the office 
on December 1st) which stated that the artist had been unable t'o 
renew because of the death of his mother and because he had been 
with her and their family in Connecticut. 

Commissioner Taliaferro said he would recommend to the Art Commission 
that Mr. Russo' s request for priority be approved. 

B. Wang Leong Tong - Certificate //2607 had expired November 27, 1983; 
Mr. Tong had called the office on December 12th to request priority 
and had subsequently sent a letter stating that he had mistaken the 
certificate's expiration date of November 27th for "December 27" and 
had left his certificate home while he travelled the country. Mr. Tong 
explained this to Commissioner Taliaferro who said he would recommend 
that Mr. Tong's request for priority be approved. 

C. Jane Thompson - Certificate #26*f0 had expired October 30, 1983; her 
request for priority had been received on December 6th. Mr. Lazar 
told Commissioner Taliaferro that it had been time for Ms. Thompson 
to renew in person, after having renewed by mail for two consecutive 
renewals, and she had been unable to come to San Francisco due to 
financial difficulties. With her request for priority, Ms. Thompson 
was also requesting an extension of time to renew by mail - six 
months to a year - "as it is financially impossible to return to 
San Francisco at this time." 

Commissioner Taliaferro stated that he would recommend to the Com- 
mission that Ms. Thompson's request for priority be approved and 
that a six-month extension for renewal by mail be granted to her. 

Ill REQUEST BY STAFF FOR DELETION OF STANDARD PENALTY PROVISION FROM STREET 
ARTIST VIOLATION IV (STREET ARTIST VIOLATION CODE) 

Mr. Lazar informed Commissioner Taliaferro that for artists who commit 
relatively "minor" offenses as failing to display the certificate, the 
standard penalty provision of the Art Commission's Violation Code is a 
practical means of serving a suspension penalty, similar to "paying a 
ticket" rather than having to go through a hearing procedure. However, 
the standard penalty as applied to the Code's Violation No. IV has, 
through the years, created confusion among artists and Art Commissioners 
alike. It has repeatedly been misunderstood that if an artist accepts 
the standard penalty for No. IV, he will not be subject to any further 
penalties related to IV. Most No. IV cases, however, require mandatory 
hearings because part of the violation invariably includes the offense 
of displaying wares allegedly not made by the artist, and for this the 
artist is subject to additional penalties. 

Commissioner Taliaferro said he would recommend to the Art Commission 

that the standard penalty provision for S.A.V. IV be deleted from the Code. 

Continued 






STREET ARTISTS PROGRAM COMMITTEE - 12/19/83 Minutes Page 3 



IV NEW BUSINESS 

A. Modupe Olufunni . (On November 7i 1983? the Art Commission resolved 
to disapprove applicant Modupe Olufunni' s request for priority, 
above the waiting list, in issuance of certificate.) Mr. Lazar 
informed Commissioner Taliaferro that he had recently discussed the 
matter with the former Assistant Director of the Street Artists 
Program, Mr. Hari Thomas, who met Ms. Olufunni and told Mr. Lazar 
that he remembered speaking to her in the fall of 1980, shortly 
after the Art Commission had relocated its office at the War 
Memorial. Mr. Thomas told Mr. Lazar that he felt Ms. Olufunni 

had applied at that time, and that it was very possible that in 
the midst of unpacking and setting up the office, he had erred 
in not listing her name on the waiting list. 

Commissioner Taliaferro said he would recommend that the Art Commis- 
sion rescind its earlier resolution (#1983-7^8) and approve Ms. 
Olufunni 's request for pribrity in issuance of certificate. 

B. Items for January Agenda . Commissioner Taliaferro asked Mr. Lazar 
to place the following items on the agenda of the Street Artists 
Program Committee meeting for January, 198^+: 

1. Hearings on Alleged Violations; 

2. Discussion of the Issue of Certifying Cassette Tapes; 

3. Hearing on, the Issue of Granting Priority Certification 
to Veterans. 

The meeting adjourned at 3:20 p.m. 

SUMMARY OF ITEMS FOR ART COMMISSION CONSIDERATION : 

1. Requests by applicants for priority in issuance of certificate - 

Susan Costa (and rescission of Res. #1983-696) ; Modupe Olufunni (and rescis- 
sion of Res. #1983-7^8). 

2. Requests by former certificate-holders for priority in issuance of 
certificate - Joe Russo; Wang Leong Tong; Jane Thompson (with six- 
month extension for renewals by mail). 

3. Deletion of standard penalty provision from Street Artist Violation 
IV (Street Artist Violation Code). 



Respectfully submitted: 



Howard Lazar 



City and County of San Francisco 



^ Arts Commission 




Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, January 24, 1984 

2:00 p.m. 

Main Library - Commission Room (3rd floor) 

Larkin and McAllister Streets 

San Francisco DOCUMENTS DEPT. 



AGENDA 



HEARINGS ON ALLEGED VIOLATIONS 
Certificate-holder 

A. John Beard 

B. Toney Burkhart 

C. Richard Webster 



D. Stephen Wood 

E. Mitchell Paradise 



F. Terry Harms 



JAN 13 1984 

SAN FRANCISCO 
ptiMUC URRAPY 



Alleged' Violation 

Section 2 (of S.A.V. IV) - Belt items 
of various materials 

Section 2 (of S.A.V. IV) - Metal 
pendant items 

S.A.V. IV, Section 2 (second vipla- 
tion) - Cloisonne-type haircombs; 
fabric belts with cloisonne-type 
pendant/buckles 

S.A.V. Ill - Ceramic items 

S.A.V. II (second /violation) - 
Cloisonne-type and jade-type 
pendants 

S.A.V. I; IV, Section 2 - Beaded 
necklaces; metal pendant-style 
earrings and pendants on chains; 
metal animal figure pins 



IX 



HEARING ON VETERAN'S EXEMPTION/PRIORITY IN CERTIFICATION 



III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 

OF CERTIFICATE 

A. Herman Berlandt - Certificate #237*+ expired December 1, 1983; 

his request by telephone received January 4, 1984. 

B. Mary Jocelyn Dacorro - Certificate #2257 expired January 3» 

1983; her letter-request received January 4, 1984. 

C. M. Alexandra Andrews - Certificate #l8l4 expired November 27* 

1982; her letter-request received January 6, 1984. 

IV NEW BUSINESS 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 



■srArts Commission 




Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 






STREET ARTISTS PROGRAM COMMITTEE 



L>OC UiV] EiMTS DEPT 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



,gr January 24, 1984 

Main Library - Commission Room 

Larkin and McAllister Streets 

San Francisco, California SAM FRANCISCO 

MINUTES 

Present: Commissioners Taliaferro and Hanson 

Chairman Taliaferro called the meeting to order at 2:10 p.m. 

I HEARINGS ON ALLEGED VIOLATIONS 

A. John Beard . Mr. Beard was not present. Program Director 
Lazar informed the Committee that Mr. Beard had not appeared 
at his Advisory Committee hearing of January 17th and had 
called Mr. Lazar to tell him he was ill. Mr. Beard's hearings 
with the Advisory and Program Committees shall be rescheduled. 

B. Toney Burkhart . (Mr. Burkhart had been cited on October 13, 
1983, for Street Artist Violation IV, Section 2, for display- 
"laser-cut" metal pendants allegedly uncertified and not of 
his own creation.) Mr. Burkhart was not present. Mr. Lazar 
informed the Committee that, according to the minutes of the 
Advisory Committee, Mr. Burkhart "agrees he is in violation 
in the photograph of the work he was selling; he says he 
will not sell the work and is willing to take a three-month 
suspension." The Advisory Committee had found him in violation, 
S.A.V. IV, Section 2. (On his own option, previously, Mr. 
Burkhart had chosen a standard penalty of two-week suspension 
of certificate for S.A.V. IV accordingly.) Mr. Lazar presented 
a letter of January 18, 1984 from Mr. Burkhart authorizing 

Mr. Lazar to present his case to the Program Committee and 
also accepting the penalty for Section 2 ("a three months 
suspension of my selling privileges"). 

Commissioner Hanson moved to uphold the finding of the Advisory 
Committee, that Mr. Burkhart be found in violation, Street 
Artist Violation Section 2 of IV, and that Mr. Burkhart's 
Certificate be suspended for three months; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

C. Richard Webster . Mr. Webster was not present. Mr. Lazar 
informed the Committee that Mr. Webster had not appeared at 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO. 94102 



STREET ARTISTS PROGRAM COMMITTEE - Y/Zkf&h Minutes Page 2 



his Advisory Committee hearing of January 17th; he will be rescheduled 
the following month. 

D. Stephen Wood . (Mr. Wood had been cited on December 1*+, 1983, for Street 
Artist Violation III, displaying ceramic items allegedly not of his own 
creation.) Mr. Wood was present. Mr. Lazar informed the Committee that 
while Mr. Wood is certified to sell "ceramics," the Advisory Committee 
had found, according to the minutes, that "the original art work" (of 
the items in question) "not of the artist's own creation. He bought 
molds of objects that were not of his own design. He wants to have 
ceramics to include work done from commercial molds ..." The Advisory 
Committee had found Mr. Wood in violation, S.A.V. III. 

Mr. Wood told the Program Committee that the photograph in his file, 
taken at the time of his screening, is a picture of "pottery I made 
in class in 198l." He said his certificate specifies "ceramics" and 
that there is "a vast difference between the two." Commissioner 
Taliaferro asked him if there had been a mistake made on his certificate; 
Mr. Wood replied that he could not answer that. He added that ninety- 
eight per cent of the work was done by him; he said he did not make 
the mold of the particular item in question. 

Commissioner Hanson asked Mr. Lazar if a similar case had been certified 
in the Program. Mr. Lazar spoke of one artist made original paintings 
on ceramic items, as vases, not made by the artist, and that the artist's 
certificate carefully reflects the distinction made by the Advisory 
Committee: the artist is certified to sell "handpainted designs on 
ceramic items not made by the artist." Mr. Lazar added that had Mr. 
Wood presented the molds of items which he did not make, the Advisory 
Committee would have considered the items with respect to the rest of 
his work. Mr. Wood, however, had presented only items which the Ad- 
visory Committee felt had been entirely made by him, at the time of his 
screening. 

Commissioner Hanson stated that the items in question exemplified a 
decline of standards in the crafts program; it appeared that the 
artist was opting for a "faster" produced item at the expense of 
aesthetics. The Commissioner added that she felt standards must be 
maintained in the Street Artists Program, and that, as an artist, one 
has to maintain an integrity. 

Commissioner Hanson moved to uphold the finding of the Advisory Commit- 
tee, that Mr. Wood be found in violation, Street Artist Violation III, 
that the penalty of six-weeks suspension of certificate be suspended, 
and that a second violation shall incur the second violation's penalty; 
the motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

E. Mitchell Paradise . (Mr. Paradise had been cited on December 1*+, 1983* 
for Street Artist Violation II, second violation, allegedly displaying 

Continued 









STREET ARTISTS PROGRAM COMMITTEE - 1/2k/%k Minutes Page 3 

commercially-manufactured cloisonne-type and jade-type pendants.) Mr. 
Paradise was not present. Mr. Lazar informed the Committee that Mr. 
Paradise had not appeared at his Advisory Committee hearing of January 
17th. He added that this was a second violation, and that according 
to an Art Commission resolution of May 2, I983, Mr. Paradise had been 
found in violation, S.A.V. II, but the penalty had been suspended and 
any future violation of this type would be considered as a seond violation. 
Mr. Lazar had received a letter dated January 20, 198^, from Mr. Paradise: 
"I was unfortunately called out of town on business the night before 
the Screening Committee meeting. I have no desire to prolong the pro- 
ceedings. I agree to accept the standard penalty for my infraction, 
and you may so notify the Program Committee members." Mr. Lazar in- 
formed the Committee that there is no standard penalty for this viola- 
tion; did Mr. Paradise mean literally "standard penalty" or did he 
mean simply to accept the penalty for the violation (a four-weeks sus- 
pension of certificate)? 

Commissioner Hanson said that if that is the only penalty provided for 
this particular violation, then that must be what Mr. Paradise was 
willing to accept. Commissioner Taliaferro said that he had to "assume 
that Mr. Paradise, "as knowledgable as he is of the Program and the 
bluebook, understands fully the penalty that he's actually asking for." 

Commissioner Hanson moved to assess Mr. Paradise the prescribed penalty 
as per his agreement, that he be found in violation, Street Artist 
Violation II, second violation; the motion was seconded by Commissioner 
Taliaferro and amended to include the following: that if Mr. Paradise 
were cited again and found guilty of a third violation, the third 
violation's penalty would be imposed, and a review of Mr. Paradise's 
certificate. The motion, as amended, was unanimously approved. 

F. Terry Harms . Mr. Harms was not present. Mr. Lazar informed the Com- 
mittee that Mr. Harms had not appeared at his Advisory Committee hearing 
of January 17th; he will be rescheduled the following month. 

II HEARING ON VETERAN'S EXEMPTION/PRIORITY IN CERTIFICATION 

Mr. Michael Bizzari appeared and presented his item, a map of San Francisco, 
to the Committee. He stated that the waiting period for a street artist 
certificate is an obstacle for him because he is sixty- five, and that, as 
a veteran, he would not find himself in a waiting period or having to pay 
a fee for a street vendor's license. The problem, he said, is that there 
are hardly any locations for street vendors but many locations for street 
artists. He said he did not mind paying the street artist fee but did mind 
the waiting period. He was referred to the Art Commission by Sergeant West 
(of Central Police Station) because of the nature of Mr. Bizzari 's work; 
Mr. Bizzari said that Sergeant West had felt the work qualified for a 
street artist certificate and that he would also have more of an opportunity 
for a location. 

Mr. Lazar called the Committee's attention to Deputy City Attorney Boyajian's 
letter of September 15, 1983* which states: "... As I advised you, San Fran- 
Continued 



STREET ARTISTS PROGRAM COMMITTEE - 1/24/84 Minutes Page 4 



cisco Police Code Section 869.14 provides that the license fee may be 
waived for veterans applying for a peddler's permit. ... There is no other 
provision, either in the Municipal Code or in the San Francisco Charter, 
authorizing a waiver of fee or other requirements for veterans applying 
for a street artist certificate. In our opinion, the Arts Commission is 
not empowered to adopt a policy waiving the street artist fee and waiting 
list requirements for veterans; such policy determinations require legis- 
lative action by the Board of Supervisors. ... If the Commission wishes 
to propose such legislation, we would be happy to draft appropriate 
language for submission to the Board. ..." 

Commissioner Taliaferro told Mr. Bizzari that if such a policy were 
adopted and the waiting period waived for veterans, Mr. Bizzari should 
not feel that he would automatically be entitled to a certificate; it 
would still be up to the Advisory Committee to recommend certification 
based upon an examination of the work. 

Commissioner Hanson informed Mr. Bizzari of the Lottery space-assignment 
procedures, that there are more artists than spaces, and that Mr. Bizzari 
might consider that he would have an easier time in obtaining a space 
through the peddler's program. The Commissioner added that she felt 
uneasy about possibly opening a door to a situation that may warrant 
control. 

Commissioner Taliaferro moved that the City Attorney be requested to draft 
legislation which would waive waiting list requirements for veterans, but 
no waiver of fee, and would retain for the Art Commission the right to 
review, amend, or rescind such policy at any time; the motion was seconded 
by Commissioner Hanson and unanimously approved. 

Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Herman Berlandt . (Mr. Berlandt's certificate #2374 had expired December 1, 
1983; his request by telephone for priority had been received January 4, 
1984.) Mr. Berlandt appeared. Commissioner Hanson moved that Mr. 
Berlandt's request for priority be approved; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 



B. Mary Jocelyn Dacorro . (Ms. Dacorro's certificate #2257 had expired 
January 3» 1983; her letter-request for priority had been received 
January 4, 1984.) Ms. Dacorro appeared and told the Committee that 
the reason she had waited so long was because she had been out of the 
country and had not had the money for a ticket to come back and take 
care of her certificate. She added that she had called her brother 
to request that he renew for her, but he had been a couple of days 
late and also had gone to the old address of the Art Commission. 

Mr. Lazar read to the Committee a portion of a letter which he had 
written to Ms. Dacorro on February 4, 1983: " ...Your certificate 
expired January 3, I983 ... The last day for submittal of your payment 
was January 17, 1983; the envelope enclosing your check was postmarked 

Continued 












STREET ARTISTS PROGRAM COMMITTEE - 1/24/84 Minutes Page 5 



January 25 1 1983« ••• The Art Commission has the right to grant pri- 
ority, above the waiting list, in the issuance of a new certificate 
to a former certificate-holder, provided that the former certificate- 
holder submits a written request within ninety days after the 
certificate's expiration. Such requests are heard by the Commission's 
Street Artists Program Committee which meets once a month." Mr. Lazar 
told the Committee that his Program received no response from Ms. 
Dacorro until a year after her certificate had expired. 

Ms. Dacorro told the Committee that she had tried to look for other 
jobs but that her entire experience for eight years had been as a 
street artist, and she had no other means. 

Commissioner Hanson moved that Ms. Dacorro' s request for priority be 
disapproved; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

C. M. Alexandra Andrews . (Ms. Andrews' certificate #l8l4 had expired 
November 27, 1982; her letter-request for priority had been received 
January 6, 1984.) Ms. Andrews told the Committee that when her certif- 
icate expired, she had not realized there was a "grace period" to make 
an appointment for a hearing with the Program Committee. She said that 
she had also been very involved with her son, and suddenly his father 
cut off child support. 

Commissioner Hanson moved that Ms. Andrews' request for priority be 
disapproved; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

IV NEW BUSINESS 

A. Pamela Walker (request by former certificateholder for priority in 
issuance of certificate). (Ms. Walker's certificate #2870 had expired 
November 9, 1983; she had telephoned her request for priority January 
18, 1984, after the Committee agenda had been sent out.) Ms. Walker 
told the Committee that she had wanted to move out of her job and into 
selling on the street; instead, however, her work escalated to 60 - 70 
hours a week. She said she was planning to quit her job because she 
could not "live like this any more." 

Commissioner Hanson moved that Ms. Walker's request for priority be 
approved; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

B. Yi Ming Lee (request by applicant for priority in issuance of certifi- 
cate). Mr. Lazar informed the Committee that Mr. Lee had applied 
March 12, 1982, and had been sent a notice April 22, 1983* but had 
not responded. He came to the office on January 20, 1984, to give his 
new address. 

Commissioner Hanson moved that Mr. Lee's request for priority be ap- 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 1/2 V^ Minutes 



Page 6 



C. Margaret Kessler (request by former certificateholder for priority 
in issuance of certificate). (Mrs. Kessler' s certificate #2820 had 
expired December 15, 1983; her request for priority had been received 
January 20, 198^+.) Mrs. Kessler appeared. 

Commissioner Hanson moved that Mrs. Kessler 's request for priority 
be approved; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

The meeting adjourned at 2:55 p.m. 



Respectfully submitted: 
Howard Lazar C/ 



City and County of San Francisco 



Art Commission 




hnf*} "7C Dianne Feinstein 
^' U ' '^ MAYOR 



Claire Isaacs 
DIRECTOR 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



II 



4E STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, February 21, 19&+ - 2:30 p.m. 

Main Library - Commission Room (3rd floor) 
Larkin and McAllister Streets, San Francisco 

'-\ AGENDA 



HEARINGS ON ALLEGED VIOLATIONS 
Cert if icate-holder 

A. John Beard 

B. Richard Webster 



C. Terry Harms 



Alleged Violation 

Section 2 (of S.A.V. IV) - Belt 
items of various materials 

Section 2 (of S.A.V. IV), Second 
Violation - Cloisonne-type 
haircombs; fabric belts with 
cloisonne-type pendant/buckles 

S.A.V. IV, Section 2 - Beaded neck- 
laces; metal pendant-style earrings 
and pendants on chains; metal 
animal figure pins; S.A.V. I 



REQUEST BY FORMER CERTIFICATE-HOLDER FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Marvin Kirkland - Certificate #2736 expired June 26, 1983; 
request for priority received January 19 1 1984. 



III PROPOSAL FROM S. F. STREET ARTISTS ASSOCIATION FOR BUS STOP 
FOR #19 POLK ON HYDE STREET, NW CORNER, AT BEACH STREET 

IV NEW BUSINESS 

A. Request by former certificateholder Thomas Karnes for 
priority in issuance of certificate - Certificate #2^16 
expired January 23, 1984; his check for renewal postmarked 
one day late. 

DOCUMENTS DEPT. 
FEB 9 1984 

SAN FRANCISCO 
PUBLIC LIBRARY 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 



Arts Commission 




Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



II 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 



Presidents of the 

Fine Arts Museums 
Library Commission TTT 
Planning Commission ■'■■'"'■ 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 



Tuesday, .March 20, 1984 - 2;00 



p.m. 
(3rd 



Main Library - Commission Room (3rd floor) 
Larkin and McAllister Streets 
San Francisco 

^ AGENDA 



HEARING ON ALLEGED VIOLATION: JOHN BEARD (alleged violation: 
Section 2 of S.A.V. IV - belt items of various materials) 



REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Thomas Werling - Certificate #2875 expired February 13, 1984; 

request for priority received by office March 7i 1984. 

B. Richard LaFrenz - Certificate #1796 expired February 13, 1984;' 

renewal payment postmarked March 2, 1984 (two days after' 
final grace period day). 



REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES 

The Committee will hear a proposal to establish the penalty of 
two months suspension of certificate for any first violation 
and the penalty of revocation of certificate for any second 
violation. 



IV ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR CERTIFICATION 
OF CASSETTE TAPES 



V HEARING ON PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO 
ELDERLY PERSONS 



VI HEARING ON CERTIFICATION FEE INCREASE 



VII NEW BUSINESS 



DOCUMENTS DEPT. 
MAR 1 6 1984 

SAM FRANCISCO 
PUBLIC LIBRARY 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 



Arts Commission 




SF 

a —if*. -1.T" Dianne Feinstein 
A IU. /O MAYOR 



^l20fl H 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski ] 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

March 20, 198*f 

Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco, California 



-£ M 
— 



I N U T E S 



Claire N. Isaacs 
DIRECTOR 



DOCUMENTS DEPT. 

MAR 2 7 1984 

SAN FRANCISCO 
puni IC UPRAPV 



Present: Commissioners Hanson and Taliaferro 

Chairman Taliaferro called the meeting to order at 2:10 p.m. and 
moved that the agenda item "Hearing on Certificate Fee Increase" 
be held over to the following month; the motion was seconded by 
Commissioner Hanson and unanimously approved. 

I ADVISORY COMMITTEE RECOMMENDATION: CRITERIA FOR CERTIFICATION 
OF CASSETTE TAPES ~ ~- -■ 

Program Director Lazar reported that the Advisory Committee of 
Street Artists and Craftsmen Examiners had conducted a hearing 
that morning on criteria for the certification of cassette 
tapes of an artist's performance. The following criteria was 
recommended to the Program Committee: 

1) In its examination, the Advisory Committee shall 
listen to the tape for which the artist seeks 
certification and shall hear and view the live 
performance. 

2) A copy of the artist's tape shall be given to the 
Street Artists Program and shall be part of the 
artist's file. 

3) The artist's tape must be copyrighted with the 
Copyright Office, Library of Congress, and a 
photocopy of the copyright form(s) shall be given 
to the Street Artists Program and shall be part 
of the artist's file. 

k) The artist /per former of the tape shall not have to 
be the author^ of the performance. 

5) Other artists/performers involved in the recorded 
performance may be eligible for certification to 
sell the tape under the following conditions: 

a. The performer(s) must apply for certifica- 
tion as family unit members with the primary 
artist of the tape. ("Family Unit": Two or 
more persons jointly engaged in the creation 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



Continued 

SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page 2 

or production of an art or craft item, no one of whom 
stands in an employer-employee relationship to any of 
the other members thereof.) 

b. A technician involved in the recording of the perfor- 
mance may be considered as a family unit member if 
the technician uses the technology as an instrument ' 
in the performance. 

Street artist Phil Lawrence spoke in support of the above criteria. 

Commissioner Hanson moved that the criteria for certification of cassette 
tapes, as recommended by the Advisory Committee, be recommended for approval; 
the motion was seconded by Commissioner Taliaferro and unanimously approved. 

II REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES 

Commissioner Taliaferro read the entire draft of a proposal to revise the 
Art Commission's Street Artists Violation Code and penalties. The draft 
separated violations and their penalties into two categories: Category "A" 
included non-craft violations, and Category "B" included craft violations. 
The Commissioner clarified that this draft was by way of simplifying the 
structure of the code and also putting extra strength of enforcement into 
it. The new procedures, if approved, would be included in the forthcoming 
Street Artists Program "bluebook." 

Commissioner Hanson stated that there had been too much leniency in the 
Program, that there had been a lax attitude in complying with the regulations, 
and that many cases of violation had stalled the Program's hearing procedures. 
The Commissioner favored simplification of the code, less leniency, and more 
consistency in enforcement. She added that this might raise the quality of 
the Program, the work being sold, and the people's way of looking at themselves. 
Commissioner Hanson moved that the draft of the revised code and penalties be 
recommended for approval; the motion was seconded by Commissioner Taliaferro. 

The Committee heard from the following street artists: David Samuel, Jack 
Haygood, Virginia (Kobayashi) Burris, Dennis Bustillos, James Millard, Wayne 
Konkright, Bennett Weiss, Elizabeth Sky, Tom Gilberti, Phil Lawrence, Kirk 
Turner, Eunice Rodriguez, Katrina Broomall, and Denise Florian. The artists 
made the following points: 

1) The one-week suspension penalty for failure to display certif- 
icate (Category "A", No. l) was too harsh; a certificate could 
be blown off the display, or stolen, or delayed in the mail 
during renewal time - these instances would lead to unintentional 
violations. 

2) The draft revision lacked a provision for a time period for repet- 
itive violations. 

3) The law should require only that the certificate be produced upon 
request, and not that it be displayed at all times. 

Continued 






STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page 3 



*f) The draft revision would increase - not decrease - the caseload 
of violations for Art Commission hearings. 

5) The Commission should enforce the penalties of its present code 
and should not be too lenient. 

6) The draft revision leaves open the question of whether previous 
violations would be counted against an artist. 

7) The Commission should impose monetary fines, rather than certif- 
icate suspensions, for Category "A" violations; and certificates 
should not be revoked unless a violations becomes highly repetitive. 

8) Artists should be allowed only one postponement for failing to 
appear at their hearings. 

9) It is not fair to take away someone's livelihood for minor of- 
fenses. 

10) Instead of enforcing against "squeezing" (artists set up illegally 
between legal spaces), the Art Commission should create more 
spaces for the artists. 

11) Some artists are reluctant to display their certificates because 
of the possibility of persons reading their names, seeking out 
addresses, and robbing the artists. The Commission should place 
the artist's name on the back of the certificate. 

12) The penalties for Category "B" violations are too harsh; an artist 
could be suspended for misunderstanding the crafts criteria. 

With respect to the display of certificates, Program Director Lazar clarified 
that this was required not by the Art Commission but by the Municipal Code, 
since 1975; and that the Art Commission was now issuing two certificates to 
each artist as a matter of convenience for the artist. 

Commissioner Hanson said that it appeared the intention of the Municipal Code 
was to distinguish the artists from other types of street merchants, for the 
benefit of the public. 

Advisory Committee Member Betsy Meyers stated that if a person depended upon 
the Street Artists Program for his or her livelihood, then displaying the 
certificate was a minor issue. Ms. Meyers also stated that at ninety per- 
cent of her Committee's hearings on 1 violations, many of the cases do not 
appear, and this becomes a waste of time and money. 

Commissioner Hanson stated that in a situation of regulations and penalties, 
it is a person's responsibility to know the regulations and penalties, and 
that if the person violated, it would appear that it was the person's 
decision to do so, with no one else doing it- to the person. The Commissioner 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page k 



added that an enormous waste of time is spent on hearing violations, when 
she would like to do more in obtaining spaces and in dealing with Program 
changes. She asked the artists present for a show of hands of those who 
would prefer a system of monetary fines rather than suspensions for Cate- 
gory "A" violations. The response was nearly unanimous. 

Street Artist Virginia Burris asked if the Art Commission intended to act 
on citations given by the Police to artists for "squeezing." Commissioner 
Taliaferro responded that, in the past, the Art Commission has not acted 
on such citations; but that perhaps it should, as there now appeared to 
be a consensus among the artists that the Commission enforce the rules 
and not be lenient. 

The Committee requested Mr. Lazar to confer with the City Attorney on pro- 
visions for appropriate time limits on repetitive violations; the question 
of whether a new code may be retroactively applied to an artist's previous 
violations; placing the artist's name on the back of the certificate; and 
the Art Commission's attitude or position on the separation of Commission 
and Police enforcement. 

Commissioner Hanson moved that her previous motion be withdrawn; the motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

Commissioner Hanson moved to put over consideration of the code revision 
to the following month; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

Ill HEARING ON ALLEGED VIOLATION; JOHN BEARD 

Mr. Lazar informed the Committee that Mr. John Beard had been cited on 
October 7i 1983 for Street Artist Violation IV, Section 2, selling items - 
belts of various materials - that were allegedly not certified and not of 
the artist's creation. In November, Mr. Beard came to a hearing with the 
Advisory Committee, and the Committee examined the photo of the alleged 
violation and found him in violation for not having the items certified. 
The Advisory Committee, however, could not make a finding as to whether 
the belts were of his creation, because he did not bring samples to show 
the Committee. His hearing therefore was rescheduled for January. Mr. 
Beard missed the January hearing due, he informed the office, to illness. 
He was then notified to appear in February, and he did not appear. Nor 
did he appear at the Advisory Committee hearing in the morning of March 
2oth. He was, however, present at this, the Program Committee, meeting. 
The Committee chose to examine the belts. 

Mr. Beard showed finished and unfinished samples, many of which wore at- 
tached with metal buckles he said he made; samples of leather and snakeskins; 
tools including s strap cutter with which he demonstrated the cutting of a 
skin; and explained his process of wrapping the belt over the buckle, scal- 
ing it, and running the belt under a press to seal the glue. He said he 

Continued 






STREET ARTISTS PROGRAM COMMITTEE - 3/20/8*1 Minutes Page 5 



made his belts in 15 - 20 minutes and the buckles in 2 - 3 hours. 

Street Artist Phil Quirarte testified that he had been to Mr. Beard's 
workshop and had seen him make the belts. Street Artist Claudia Hart 
testified that she had seen him make them in his workshop near the San 
Remo Hotel in North Beach, and that she owned one of his belts. 

Commissioner Hanson moved to recommend dismissal of the charge of Section 2 
against Mr. Beard; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

IV REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Thomas Werling - Certificate #2875 expired February 13 t 1984; Mr. Werling' t; 

request for priority was received by the Program office on March 7i 
1984. Mr. Werling appeared before the Committee. 

Commissioner Hanson moved that Mr. Werling' s request for priority 
be recommended for approval; the motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

B. Richard LaFrenz - Certificate #1796 expired February 13, 1984; Mr. La- 

Frenz's renewal payment was postmarked March 2, 1984 (two days 
after his tenth - final - grace period day). Mr. LaFrenz appeared 
before the Committee. 

Commissioner Hanson moved that Mr. LaFrenz' s request for priority 
be recommended for approval; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

C John Kellington - Certificate #1909 expired February 12, 1984; Mr. Kel- 
lington notified the office on March 2, 1984 that he had not put 
the complete address of the Art Commission on the envelope of his 
mailed renewal payment, and had not received his renewed certificate. 
Mr. Kellington appeared before the Committee. 

Commissioner Hanson moved that Mr. Kellington' s request for priority 
be recommended for approval; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

V HEARING ON PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO ELDERLY PERSONS 

The Committee heard from Ms. Ana Montano, attorney from Mission Community 
Legal Defense, Inc. and representing Mrs. Olga Orellana. Ms. Montano said 
that her client was seventy-one years old, retired, and a craftsperson who 
wishes to sell her work - not so much for profit but for the well-being 
involved in the endeavor. She requested that her client's application be 
expedited for the following reasons: 

l) Her client's lifespan is shorter than a younger person's and a 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 3/20/8^ Minutes Page 6 

two-year wait for certification is too long for her*. 

2) Certification as a street artist would help her economic plight. 

3) The mental health apsect should be given primary importance: the 
elderly tend to suffer from isolation from the rest of society, 
from loneliness and boredom; certification as a street artist 
would eliminate health problems and costs for her client. 

k) Her client intends to limit her selling times and to locations 
not frequented by most street artists. 

Commissioner Taliaferro asked what age constituted "elderly." Ms. Montano 

responded that under the Federal Older Americans Act it is sixty years of 

age. Ms. Montano said she represented people of that age and older. 

Her client, Mrs. Orellana, makes small throw-pillows. She clarified that 

there is no legal mandate for priority for the elderly with respect to 

other permits. The elderly, she said, would tend to make traditional crafts. 

Street Artist Mark Kielty said that being a street artist is an arduous 
task, very physical - hauling in merchandise, setting up, withstanding the 
elements, etc. Pie recommended that Ms. Montano' s client approach the 
Senior Citizen Center at Aquatic Park and the crafts store for the elderly 
on Polk Street. 

Ms. Montano said her client is Spanish-speaking, and this may be a limitation. 

Commissioner Taliaferro said that before the Commission sets a precedent, 
it would be appropriate to obtain some projections on the number of elderly 
persons who would be attracted to the Street Artists Program. The Com- 
mission on Ageing, as well as the Recreation-Park Department, should be 
consulted. » 

Commissioner Hanson said that Recreation- Park should be approached to 
see if they would be willing to offer their Justin Herman Plaza arid other 
locations to the elderly. Both Commissioners asked Mr. Lazar to call 
these agencies. Commissioner Taliaferro said this matter would be taken 
up at the next Program Committee meeting. 

Commissioner Hanson moved that the meeting be adjourned; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. The meeting 
adjourned at ^:12 p.m. 



Respectfully submitted: 



Howard Lazar 



JL 




City and County of San Francisco 



-& Arts Commission 




Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 



Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, April 2k, 198^ - 2:00 p.m. 

Main Library - Commission Room (3rd floor X>OCUMt NTS DEPT. 

Larkin and McAllister Streets 

San Francisco, California APR 1 9 1984 



AGENDA 



SAN FRANCISCO 
PUBLIC LIBRARY 



II 



REQUESTS BY FORMER CERTIFICATE- HOLDERS FOR PRIORITY IN ISSUANCE 
OF NEW CERTIFICATE 

A. Donald E. Kern, Jr . - Certificate #2922 expired February 1, 

198^; Mr. Kern's request for priority received by office 
April kth. 

B. J. D. Smith - Certificate #2852 expired March 25, 198V, Mr. 

Smith's renewal payment mailed five days after final 
grace period day. 

REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES - HEARING 



Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission IV 
Recreation and Park 
Commission 



III CERTIFICATE FEE INCREASE - HEARING 



PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO ELDERLY PERSONS 
- HEARING 

REQUEST BY ARTISTS OF JUSTIN HERMAN PLAZA FOR LOADING/UNLOADING 
PERMIT 



VI 



NEW BUSINESS 






* * * 



(415) 558-3463 



45 HYDE STREET - ROOM 318 



SAN FRANCISCO, 94102 



City and County of San Francisco 

A-JA^ -7^ Dianne Feinstein 
' '^ MAYOR 



Arts Commissjon 







Claire N. Isaacs 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



sg 



April 2k, 198^ 

Main 

Larkin 

San Francisco 



in Library - Commission Roora r . r , n n-r r ..,_.^ 

rkin and McAllister Streets D °CU.*^TS DEPT. 

JUN 4 1984 

MINUTES 



SAN FKANCio^O 
PU8UC ' 'BR> RY 

Present: Commissioners Hanson and Taliaferro. 

Chairman Taliaferro called the meeting to order at 2:15 p.m. 

I REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Donald E. Kern, Jr. - Certificate #2922 expired February 1, 
198*+; Mr. Kern's request for priority was received by the 
Program on April *fth. A copy of Mr. Kern's money order 
dated January l6th was submitted (the money order never 
reached the Program). Commissioner Taliaferro moved that 
Mr. Kern's request be approved; the motion was seconded 

by Commissioner Hanson and unanimously approved. 

B. J. D. Smith - Certificate #2852 expired March 25, 198^; 
Mr. Smith's renewal payment was mailed five days after the 
final grace period day for renewal. Commissioner Taliaferro 
moved that Mr. Smith's request for priority be approved; 

the motion was seconded by Commissioner Hanson and unani- 
mously approved. 



II REVISION OF STREET ARTIST VIOLATION CODE AND PENALTIES 

Commissioner Taliaferro asked Program Director Lazar to explain 
the latest, .the second, draft revision of the Street Artist 
Violation Code as well as the new proposal for enforcement. 
Discussion ensued between the Committee and the street artists, 
and the following significant points were made: 

- The draft Revision eliminates the Arts Commission's 
review of first-offense violations and penalties rela- 
tive to the Police regulations - e.g., display of 
certificate, dimensions of setup, location requirements. 
While the Arts Commission has the authority to suspend 
or revoke a certificate as a result of such violations, 
the City Attorney's office has clarified that the Com- 
mission is not mandated to enforce the Police regulations 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - k/Zk/bk Minutes Page 2 



as these are part of the Municipal Code, and the Commission 
may defer to the Police for their enforcement. 

- The draft provides for Arts Commission review of street artists 
who receive' Police citations for repetitive offenses. (Upon 
receipt from the Police of copies of two citations issued to an 
artist, the Program shall notify the artist that his/her certif- 
icate shall be subject to review if the Commission receives a 
copy of a third citation issued to the artist.) 

- The draft retains the Program Committee's concept of the same 
two penalties (two-month suspension for a first offense and 
revocation for a second offense) for all of the listed violations, 

- The draft adds to its list of violations two more: Participation 
in the lottery without a valid Board of Equalization Seller's 
Permit; and Violation of any lottery rule. 

- The new method for Arts Commission enforcement on weekends and 
holidays (the Program Director currently acts as "inspector" 
during the week) was proposed simultaneously by the Program 
Director, the Advisory Committee of Street Artists and Craftsmen 
Examiners, and several street artists. The proposal defers the 
hiring of two full-time Art Inspectors and directs the Advisory 
Committee to perform the duty of monitoring, on weekends and 
holidays, the wares offered for sale by street artists. 

- While the Program Director inspects during the weekdays, most of 
the major violations* occur on weekends because it is widely known 
that the Arts Commission is not on the streets at those times. 
Upon approval by the Commission, weekend monitoring by the Ad- 
visory would begin in mid-May and would continue until the end 

of summer, at which time the Director would submit a report to 
the Commission on the results of the monitoring. 

- The monitoring will be done by the very persons responsible for 
having approved t the work they will monitor. They are already 
qualified in detecting violations, having conducted monthly 
violation hearings. 

- The Advisory Committee will monitor the effectiveness of their 
crafts criteria ado r pted by the Commission and will also record 
and photograph any violation relative to the criteria and the 
wares offered for sale. 

- The Advisory Committee's reports, photographs, and evidence will 
be submitted to the Program Director in a public meeting in the 
week following each weekend's monitoring. 

- The present provision for Advisory Committee hearing of a craft 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - k/Zk/Sk Minutes Page 3 



violation shall be eliminated, as the Advisory Committee members 
could not hear a case which they themselves have reported; such 
cases will be referred by the Program Director to the Street 
Artists Program Committee. 

- Under present law, the Advisory Committee may be compensated 
for their public meetings in which they submit their reports 
to the Director, based on their monitoring duty; but they may 
not be compensated for the monitoring duty itself. If, by the 
end of summer, the results are satisfactory to the Commission, 
and the Advisory Committee is then directed to continue their 
monitoring duty, the Program Director will request approval for 
an amendment to compensate the Committee for such duty, as well 
as an amendment to increase the street artist fee to cover the 
cost. 

Chairman Taliaferro read the text of a resolution prepared by the City 
Attorney, directing the Advisory Committee to performing the duty of 
monitoring. ( See copy of text attached to these Minutes. ) 

Commissioner Hanson moved that the resolution be adopted; the motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

Street Artist Linda Stark stated that the proposed penalties for lottery 
violations were too strict, that such violations were not of the same 
magnitude as violations of the wares offered for sale. Also, in cases 
of repetitive offenses of the Police regulations, the Arts Commission 
should take action based upon receipt of copies of convictions rather 
than citations. 

Commissioner Hanson moved that the second draft revision of the Street 
Artist Violation Code be recommended for approval and implemented June 
1st to September 2, 1984, whereupon it shall be reviewed by the Arts 
Commission, and that the draft include the following amendments: 

1) A provision for a twelve-month period for Arts Commission 
convictions "of repeat violations. 

2) A provision for the Arts Commission to take action upon 
receipt of notices of two convictions , rather than citations, 
of criminal violations within a twelve-month period. 

3) Deletion from the list of violations of violation Number 8 
(violation of any lottery rule). 

The motion was seconded by Commissioner Taliaferro and unanimously 
approved. ( See copy of revised code with amendments attached to 
these Minutes. ) 

The Commissioners asked that the lottery rules be reviewed, clarified, 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - k/2k/8h Minutes Page h 



and redrafted for eventual inclusion in the new code. 

III CERTIFICATE FEE 'INCREASE 

The Committee chose to postpone its hearing on increasing the certifi- 
cation fee until after the Commission's September review of the 
Advisory Committee's monitoring duty. 

IV PRIORITY EXEMPTION IN ISSUANCE OF CERTIFICATE TO ELDERLY PERSONS 

Program Director Lazar reported that he had spoken to Mrs. Rodgers 
of the Recreation-Park Commission regarding allowances for elderly 
craftspeople to sell their wares in Golden Gate Park or other 
Rec-Park property, and that he had informed Attorney Ana Montano of 
Mrs. Rodgers' advice that she contact the Golden Gate National 
Reacreation people. 

Commissioner Hanson stated that it is not uncommon for cities to 
assign a location for unlicensed vendors, and, in this case, there 
might be a possibility for such an area to be reserved for elderly 
vendors. Commissioner Taliaferro said that it would have to be a 
request coming from the elderly through the Commission on Ageing and 
to the Board of Supervisors. 

Commissioner Taliaferro moved that Attorney Ana Montano 's request for 
priority in the issuance ^of a certificate for her client, Olga Orellana, 
be denied; the motion was seconded by Commissioner Hanson and unani- 
mously approved. 

Attorney Montano requested that the Street Artists Program Committee 
recommendation be stated in a response to her letter. The Committee 
directed Mr. Lazar to respond. 

V REQUEST BY ARTISTS QF JUSTIN HERMAN PLAZA FOR LOADING/UNLOADING PERMIT 

Mr. Lazar submitted a letter dated March 7th and signed by several 
artists who sell their wares at Justin Herman Plaza. Mr. Lazar 
explained that the Police have issued citations to the artists for 
loading or unloading thtfir displays at the adjacent no-parking curb. 
The letter states: "It is very difficult to take heavy items, tables, 
etc. any other way" and requests a solution. Mr. Lazar said he had 
communicated with the Captain of Southern Station and with other 
Police personnel. Possible solutions might be making the curb a 
yellow zone or a green (time limit) zone - however, the artists 
expressed the feeling that it would be abused by trucks parking 
there all day. Another possibility might be to request the Board 
of Supervisors for a special parking permit (sticker) for artists 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - h/?h/%h Minutes Pago 5 



for that location. This would be similar to the special permit 
which was granted as an "employer bus stand" to one of the city's 
major stores (Ordinance 378-79, Board of Supervisors file 82-79). 

Street Artist Kitt Foster said that has always been a new policeman 
who won't give the artists a break to load or unload. Ms. Foster 
requested that a 15-minute parking permit be issued to the artists. 

Commissioner Hanson moved that the City Attorney be requested to 
draft legislation for such temporary parking at Justin Herman 
Plaza, and that the legislation be reviewed by the Program Committee 
prior to recommendation to the Commission and to the Board of Super- 
visors; the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 

Ms. Foster requested that the Advisory Committee monitor the Plaza 
and not just the street locations - especially because of the presence 
of unlicensed people. She said that the Police will not enforce the 
rules against the unlicensed because the location belongs to Rec- 
Park. Commissioner Taliaferro asked Mr. Lazar to seek clarification 
from that agency. 

VI NEW BUSINESS 

A. Request by Masako Funato for Issuance of Certificate - Ms. Funato, 
an applicant, had recently be screened for certification but had 
exceeded the 10-day requirement for obtaining her certificate. 
According to her letter, her sister had been in an accident in 
Los Angeles, and Ms. Funato had to leave San Francisco for two 
weeks. 

Commissioner Hanson moved that Ms. Funato 's request for certifi- 
cation be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 
• 

B. Request from S. F. Arts Festival for Advisory Committee to Select 
Street Artists for Arts Festival. Mr. Lazar presented a letter- 
request from Arts Festival Co-Director Barbara Veatch Vorhees for 
the Advisory Committee of Street Artists and Craftsmen Examiners 
to select street artfsts for Arts Commission certificates of merit 
and also for invitational entry into the Arts Festival. 

Commissioner Hanson moved that the Advisory Committee be directed 
to select street artists for certificates of merit and for invitational 
entry into the 38th San Francisco Arts Festival; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

C. Performers . Commissioner Taliaferro stated that he had recently 
attended a meeting of the Port Commission and the performers; he 
requested Mr. L&zar to send a copy of the street artists ordinance 
to Randy Rossi of the Port. 

Respectfully submitted: 

/tt/>(5\ — » £?/& 

Howard Lazar 



UCOJ 



DRAFT 



WHEREAS, the Street Artists Ordinance, Proposition L approved 
by the voters on November *f, 1975? grants to the Arts Commission 
exclusive jurisdiction to issue street artist certificates and to 
regulate street artists; and 

WHEREAS, Section 2 of Proposition L provides for an Advisory Committee 
of Street Artists and Craftsmen Examiners to "advise the Art Commission 
on matters relating to the wares produced by street artists and to per- 
form such other functions as shall from time to time be deemed appropriate 
by the Commission"; and 

WHEREAS, the Arts Commission has adopted criteria proposed by the 
Advisory Committee of Street Artists and Craftsmen Examiners, relating 
to the wares produced by street artists; and 

WHEREAS, the Advisory Committee is eminently qualified to monitor 
and review the effectiveness of the adopted criteria; and 

WHEREAS, the predominant street artist sales activities occur 
traditionally on weekends and holidays; 

NOW BE IT RESOLVED, that the Arts Commission does hereby direct 
the Advisory Committee of Street Artists and Craftsmen Examiners to 
perform on Saturdays, Sundays, and holidays, from May 15 to September 2, 
198*1-, the function of monitowing the wares offered for sale by street 
artists, for the purpose of reviewing the effectiveness of the crafts 
criteria; and 

• BE IT FURTHER RESOLVED, that the Advisory Committee is hereby 

Continued....... 



authorised, in the course of said monitoring, to gather evidence 
and to prepare reports relative to violations of criteria and wares 
offered for sale by street artists, and to report and submit such 
findings and evidence to the Director of the Street Artists Program 
in a public meeting held in the week following said monitoring; and 

BE IT FURTHER RESOLVED, that the Arts Commission does hereby- 
direct the Director of the Street Artists Program to prepare and 
submit an evaluation report of the results of said monitoring, and 
any recommendations relative to the direction of the Street Artists 
Program, to the Arts Commission at its regular meeting in September, 
198*1-. 



ARTS COMMISSION HEARING PROCEDURE OF STREET ARTIST VIOLATIONS 

PENALTIES FOR VIOLATIONS 



The Street Artist Ordinance, Proposition L approved by the voters 
on November 4, 1975 i grants to the Arts Commission jurisdiction 
to regulate street artists and to issue street artist certificates. 
Proposition L makes it unlawful for any person to sell a handcrafted item 
in any public street or public place where it is permissible, without either 
a street artist certificate or a peddler's permit. It further prohibits 
the sale by a street artist of a handcrafted item in an area not designated 
for street artist activities without a peddler's permit. Article 2*1.2, 
Section 2^+08, of the San Francisco Municipal Code empowers the Arts Com- 
mission to revoke a street artist's certificate for violation of the 
street artist regulations after a public hearing and for good cause shown. 

The Arts Commission may, but need not, require submittal of a Police 
report before proceeding with the suspension or revocation of a street 
artist's certificate. The Arts Commission may proceed based on the 
submittal of a written report by its staff, a street artist, or by anyone. 
The procedures followed by the Arts Commission or other permit-issuing 
bodies for the suspension or revocation of permits is a civil proceeding 
separate and apart from any criminal sanctions that may be applicable. 

In the event of the Arts Commission receiving notices of two convictions 
of criminal violations of an artist, within a twelve-month period, the 
Commission may notify the artist that his/her certificate may be subject 
to review for possible suspension or revocation. 

The Arts Commission is empowered to suspend or revoke a street artist's 
certificate, after a public hearing, both pursuant to its express power to 
revoke for good cause shown contained in the street artist regulations and 
under the general and discretionary powers granted to all permit-issuing 
departments as set forth in Sections 2*t and 26 of Part III of the San 
Francisco Municipal Code. 

Street artist violations are heard by the Commission's Street Artists 
Program Committee who makes recommendations for either acquittal, sus- 
pension, or revocation or denial of certification. The recommendation 
is submitted to the Commission who, by resolution, may amend, adopt, or 
disapprove the recommendation. 

Any suspension or revocation commences two (2) weeks after the Arts 
Commission's resolution, allowing ten (10) days for the artist to file 
an appeal with the Board of Permit Appeals. 

Failure to appear for any violation hearing may result in a Program 
Committee recommendation of the penalty with respect to the violation of 
which the artist has been charged. If this recommendation is approved 
by the Arts Commission, the artist may either file an appeal with the 
Board of Permit Appeals within ten days or request a rehearing with the 
Program Committee within ten days from the date of the Commission's 
resolution. Such request for rehearing must be in writing and must state 



Continued. 



succinctly the grounds upon which such rehearing is requested. If new 
evidence is relied upon as a ground for rehearing, the request shall 
show: 

1) The nature and character of the new evidence; 

2) The names of the witnesses and/or a description of the documents 
to be produced; 

3) Why the evidence was not produced, and why the artist did not 
appear, at the original hearing. 

PENALTIES FOR VIOLATIONS 

There shall be a penalty of two (2) months suspension of certificate 
for a first offense of any of the following violations, and there shall 
be a penalty of revocation of certificate for a second offense of any of 
the following violations if the person has been found in violation by the 
Arts Commission within the twelve-month period immediately preceding the 
current offense: 

1) Display of items not in accord with Arts Commission criteria. 

(Article 2^.2, Section 2*K)lb) 

2) Display of items not of the artist's own creation. (Article 2^.2, 

Section 2*f05a) 

3) Display of items not .certified by the Arts Commission. (Proposition 

L, Section 5) 

k) Display of items by salesperson or another artist on behalf of a 
street artist. (Proposition L, Section 7) 

5) Transference of certificate to any 'other person. (Article 2^.2, 

Section 2*f0*tb) 

6) Display of items and/or participation in Arts Commission lottery 

by artist during period of certificate suspension. (Article 2^.2, 
Section 2*K)8b) 

7) Participation in Arts Commission lottery without a valid State 

Board of Equalization Resale Permit. (Article 2^.2, Section 2^06a) 



City and County of San Francisco 



Arts Commission 




Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday, May 22, 1984 

2:00 p.m. 

Main Library - Commission Room (3rd floor) 

Larkin and McAllister Streets 

San Francisco, California 



AGENDA 



VIOLATION HEARINGS 



DOCUMENTS DEPT. 

MAY 1 6 1984 

SAW FRANCISCO 

pi I IRRAPV 



A. Harry Mason 



Alleged Violation: 

1) S.A.V. Ill - Category of craft is certified, 

but one or more of the items displayed 
does not appear to be of the artist's 
own creation. 

2) S.A.V. V - Salesperson selling for artist. 

B. Kathryn Strong Alleged Violation: 

1) S.A.V. III. 

C. Sherrie Tatum (applicant for certificate) Alleged Violation: 

* 1) Section 7(a) of Street Artist Ordinance - 

unlawful sale of craft work in street artist 
space, without street artist certification. 

2) Section 2406(a), Article 24.2, Part II, 
Chapter VIII of San Francisco Municipal Code 
obtaining a lottery sales space without 
street artist certification. 

D. Dennis Bus4:illos Alleged Violation: 

l) S.A.V. V - Salesperson selling for artist. 

E. Patricia Soister Alleged Violation: 

' 1) S.A.V. V. 

II REQUEST FOR WAIVER OF TREASURER'S FEE ON RETURNED CHECK: DAVID MASON 



III REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR ISSUANCE NEW CERTIFICATE 

A. Paul Grogan - Certificate #2918 expired April 17, 1984; request 

submitted May 7, 1984. 

B. Robert Simon - Certificate #1021 expired April 19, 1984; payment 

for renewal mailed 4 days after last renewal day. 



(415) 558-3463 



IV NEW BUSINESS 

45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 




St 



*~ Arts Commission 



* i 



Dianne Feiustein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



STEEET ARTISTS PROGRAM COMMITTEE 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ruy Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



'-;■" May 22, 198^ 

Main Library - Commission Room DOCUMENTS DEPT. 

Larkin and McAllister Streets 

San Francisco, California MAY 31 1984 



MINUTES 



Present: Commissioners Hanson and Taliaferro. 



SAN FRANCISCO 
PUBLIC URRARY 



Chairman Taliaferro called the meeting to order at 2:10 p.m. 

I VIOLATION HEARINGS 

A. Harry Mason and Kathryn Strong . Program Director Lazar 
informed the Committee that the key witness for both of 
these hearings was not able to be present. Commissioner 
Hanson moved that the hearings of Harry Mason and Kathryn 
Strong be continued to the following month; the motion was 
seconded by Commissioner Taliaferro and unanimously approved, 

B. Sherrie Tatum . Mr. Lazar informed the Committee that Ms. 
Tatum is an applicant for a certificate who has been on the 
waiting list for two years. On April 16, 198^, just one 
week before her scheduled examination for certification, 
Ms. Tatum was observed and photographed by Mr. Lazar in a 
street artist space at Fisherman's Wharf, selling kites. 
Mr. Lazar had questioned her about how she had obtained 
the space, and, according to his report, she had named two 
certified artists, "Dennis and Pat (Soister) Bustillos." 
Ms. Tatum was charged with the following alleged violations: 
Section 7(a) of the Street Artist Ordinance (unlawful sale 
of craft work in a street artist space, without certifica- 
tion); Section 2^06 (a) and (h), Article 2^.2, Part II, 
Chapter VIII of the San Francisco Police Code (unlawful 
sale of work in an area subject to the Arts Commission's 
lottery, without obtaining a lottery document). 

In the week following the incident, Ms. Tatum appeared at 
her scheduled examination with the Advisory Committee, to 
request certification as a family unit member with Bustillos 
and Soister in the making of kites. The Advisory Committee 
subsequently visited her work site in San Francisco to 
verify her making of the kites. The Advisory Committee's 
findings were that she "bends the bows, glues the pieces, 
but doesn't cut the mylar - said it was cut by Dennis in 



Continued, 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 5/22/8^ Minutes Page 2 



New Mexico. Committee feels they can't deny certification, based 
on lack of evidence." 

The Commissioners questioned Ms. Tatum. She stated the following: 

1) She has not been selling since April l6th. 

2) Neither Dennis Bustillos nor Pat Soister had anything to do 
with her obtaining the space; no one obtained the space for her. 

3) At the time, Ms. Soister was in New Mexico. 

h) At the time, no one was set up at that end of the street; Ms. 
Tatum moved into the space. 

5) When Lazar questioned her, Ms. Tatum "made up something" 
about watching the display for Dennis Bustillos and Pat Soister be- 
cause she knew them. 

6) When he spoke to her, Lazar did not identify himself. 

7) She occupied the space wrongfully; she needed money to get 
back home to Grass Valley. 

8) She is the sole supporter of two children; she felt she has 
been punished enough by not being able to"" sell during the month after 
her examination. 

9) When she had applied two years before, she had been making 
pottery and clothing; kitemaking, however, seemed to be very popular 
on the street. 

Commissioner Taliaferro clarified that the Arts Commission could not 
grant a certificate subject to stipulations - for example, a pro- 
bationary period of time. A certificate may be either granted or 
denied. The Commissioner further stated that if the Committee did 
decide to recommend qertification, Ms. Tatum would be strongly urged 
to obtain a copy of the forthcoming (June 1st) penalties for street 
artist violations. The Commissioner warned her against future street 
artist violations. 

Ms. Tatum replied that, yest assured, the warning would be heeded. 

Commissioner Hanson informed the unit of Tatum, Bustillos, and Soister 
that the Commission would be paying careful attention to what they 
sell on the street. Commissioner Hanson moved that certification be 
granted to Ms. Tatum, with the warning that the Commission will closely 
monitor her operation on the street; the motion was seconded by Com- 
missioner Taliaferro and unanimously approved. 

C. Dennis Bustillos and Patricia Soister. Mr. Lazar made the following 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 5/22/8^ Minutes Page 3 



comments: 

1) Both Mr. Bustillos and Ms. Soister, due to their alleged con- 
nection with the Sherrie Tatum case, were charged with allegedly violat- 
ing the Arts Commission's present Street Artist Violation Code, speci- 
fically Street Artist Violation V (salesperson selling for artist). 

2) Mr. Bustillos* file shows that in 1980 he accepted a standard 
penalty suspension for the same violation. 

3) Fox- several years, the Program office has received allegations 
from other artists that Mr. Bustillos' kites came from New Mexico, were 
not made by him, and that this could be evidenced by the volume of kites 
on his display and his daily attendance on the street. 

Mr. Bustillos replied to questions from the Commissioners and stated the 
following: 

1) He himself had asked for a re-screening of his craft and had 
invited his accusers to att enc *; similarly^ ft e h ac j invited them to his 
work site in the city, to watch him make the kites, but none had ever 
come to the site. 

2) The kite-making process involves his unit's own designs; rolls 
of colored mylar 36 inches wide and weighing 100 - 125 pounds and cut 
into colors 3 inches wide, with three shades for each color; the place- 
ment of 100 sheets on a table which are cut exclusively by Mr. Bustillos 
because of his years of experience; A.B.S. Tubing from Bay Plastics; 
material held over patterns 'by means of suction while glue is dried by 
blower; the attachment of spine and bridle. 

3) 1,300 tails can be made in eight hours, 16,000 head patterns 
in one day. 

h) His family unit works indoors for five months out of ihe year, 
to be able to sell continuously during spring and summer. 

5) The reason his unit goes to New Mexico is because his eight- 
year-old daughter lives there, and he does the mylar cutting there. 

6) Previously, the vacuum- forming of the kites had been done in 

San Francisco. Now Ms. Tatum does it in Grass Valley, while in Bustillos' 
studio, Patricia Soister attaches the tails and assembles the bridles. 

7) Their kites are sold in two sizes: $7«99 for the large size and 
1!>3«99 for the smaller size. If the unit were not making them, the kites 
could not be sold at these prices. 

8) Mr. Bustillos used to work for Magic Dragon Kites. 

9) There is no employer- employee relationship between Ms. Tatum and 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - 5/22/84 Minutes Page k 



himself. 

10) The day Ms. Tatum was photographed, she was selling her own 
work and not his. 

11) He did not give Ms. Tatum the space; he did not set her up; he 
did not know she was selling. 

12) As for the charge of having a salesperson four years ago, he 
had been arrested for outstanding parking tickets and had left Patricia 
Soister to watch his display. 

Commissioner Taliaferro asked Mr. Lazar if the kites that Ms. Tatum had 
been selling were similar to the ones for which she was screened as a 
family unit with Mr. Bustillos. Lazar showed the Commissioners the photo 
taken on the street and the photo taken of the work at the screening, 
and said he felt the work was similar. 

Commissioner Taliaferro stated that Mr. Lazar was proper in citing Mr. 
Bustillos and Ms. Soister when their names had been mentioned in his 
conversation with Ms. Tatum; he would have been remiss to have not done 
so. The Commissioner added that he did not feel a conviction could be 
upheld. 

Patricia Soister told the Commissioners that she was in New Mexico on 
the day of Ms. Tatum 's incident. 

Commissioner Hanson moved that the charges against Mr. Bustillos and Ms. 
Soister be dismissed; the motion was seconded by Commissioner Taliaferro 

and unanimously approved. 

II REQUEST FOR WAIVER OF TREASURER'S FEE ON RETURNED CHECK: DAVID MASON 

The Committee observed that Street Artist David Mason's check for his 
certificate renewal lacked his signature and, for that reason, had been 
returned. Commissioner .Hanson moved that the Treasurer's fee for Mr. 
Mason's returned check be waived; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

III REQUESTS BY FORMER CERTIFICATE-<HOLDERS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Paul Grogan - Certificate #2918 expired April 17, 1984; his request for 
issuance was submitted May 7th. Mr. Grogan told the Committee that he 
had mistaken his renewal date for the date of a scheduled operation on 
his hand. Commissioner Hanson moved that Mr. Grogan 's request be ap- 
proved; the motion was seconded by Commissioner Taliaferro and unani- 
mously approved. 

Continued 






STREET ARTISTS PROGRAM COMMITTEE - 5/22/84 Minutes Page 5 



B. Robert Simon - Certificate #1021 expired April 19, 1984; his payment 
for renewal was postmarked four days after his last renewal period 
day. Mr. Simon told the Committee that in Mendocino the mail is 
picked up once a- week and his envelope had not been picked up on time. 

Commissioner Hanson moved that Mr. Simon's request be approved; the 
motion was seconded by Commissioner Taliaferro and unanimously approved, 

C. Margarita Montcza - Certificate #2856 expired April 5, 1984; her 
request was received May 14, 1984. 

Commissioner Hanson moved that Ms. Monteza's request be approved; the 
motion was seconded by Commissioner Taliaferro and unanimously approved, 

IV NEW BUSINESS 

Commissioner Hanson reported that Supervisor Silver was considering the 
possibility of establishing street artist locations adjacent to the 
J. C. Penney Building on Market Street. The Commissioners asked Mr. 
Lazar to see if spaces on that block already exist. 

Respectfully submitted: 
Howard Lazar 




City and County of San Francisco 

A~?0.7£" 




Dianne Feinstein 
MAYOR 



Arts Commission 



DOCUMENTS DEPT ^Zt'ZT. 

** u tP|, DIRECTOR 



JUN 2 5 1984 

SAN FRANCISCO 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 






MEETING OF ST REET ARTISTS AND PROGRA M DIRECTOR ON 

-^ 

REGULATION OF LOTTERY AND SPACE- ASSIGNMENT RULES 

A ND PROCEDURES 

Monday, June 18, 1984 

1Q;3Q a.m. 

CONFERENCE ROOM (3rd floor) 

45 Hyde Street (at McAllister) 

San Francisco, California 

5^ AGENDA 

: DISCUSSION AND PROPOSALS RE: THE FOLLOWING : 

A. Lack of Clear Definition of Occupancy Rule 

B. Giving* Away of Spaces 

C. Enforcement of Occupancy of Spaces; Bumping Procedure 

D. Elimination of Signing Up for Two Spaces on Any Day 

E. Clarification of "Family Unit" 

F. Penalties 






II NEW BUSINESS 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 



% 




Dianne Feinstein 
MAYOR 



Arts Commission 
.its cr 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 
Fredrick Goerner 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



jti 2 5 1984 



STREET ARTISTS PROGRAM COMMITTEE 

Tuesday,"" June 19, 198*+ - 2:30 P.m. 
Main Library - Lurie Room (ground fl o or ) 
Larkin and McAllister Streets 
San Francisco, California 



Claire N. Isaacs 
DIRECTOR 



AGENDA 





HEARINGS ON ALLEGED VIOLATIONS 



A. Harry Mason - Certificate #2^3^ 



ALLEGED VIOLATIONS: Street 
Artist Violation III (one or 
more items do not appear to 
be of artist's oqn creation); 
Street Artist Violation V 
(salesperson for artist). 
i 

B. Kathryn Strong - Certificate #29^1 ALLEGED VIOLATION: Street 

Artist Violation III . 

C. Terry Harms - Certificate #2925 ALLEGED VIOLATION: Street 

Artist Violation III ; and 
Section 2*fC4(b) Certificate 
Transfer, Article 2^.2, Part II , 
Chapter VIII, S. F. Municipal 
Code. 

II REQUEST BY STAFF FOR ADVISORY COMMITTEE COMPENSATION FOR STUDIO 

VISITS AND OTHER FUNCTIONS DEEMED APPROPRIATE BY ARTS COMMISSION 



III PROPOSAL FOR LOTTERY SYSTEM 



IV CORRECTION OF PROGRAM COMMITTEE MINUTES OF MAY 22, 198*f 



NEW BUSINESS 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



City and County of San Francisco 



Arts Commission 




Dianne Feinstein 
MAYOR 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

June 19, 1984 
Main Library - Lurie Room 
Larkin and McAllister Streets 
San Francisco, California 

MINUTES 



Claire N. Isaacs 
DIRECTOR 



DOCUMENTS DEPT. 

JUL 9 1984 

SAN FRANCISCO 
PUBLIC LIBRARY 



Present: Commissioners Hanson and Taliaferro 

Chairman Taliaferro called the meeting to order at 2:35 p.m. 

I HEARINGS ON ALLEGED VIOLATIONS 

A. Harry Mason and Kathryn Strong . Program Director Lazar in- 
formed the Committee that on March 29, 1984, he received a 
report that Street Artist Harry Mason employs workers who 
are involved in the creation of most of the items he sells 
from his street artist display, and also that his items 
are sold from the display of Street Artist Kathryn Strong. 
On April 5, 1984, at 12:20 p.m., Mr. Lazar observed Ms. 
Strong on Geary Street (near Stockton) , displaying earring 
items, many of which were attached to backings bearing the 
name "Harry Mason." The same name was also on cardboard 
boxes on Ms. Strong's display. The receipt of the report 
on Mr. Mason and the observation of Ms. Strong's display 
occurred when the previous Arts Commission Violation Code 
was in effect; the two certificateholders were therefore 
charged in violation of that Code. Mr. Mason's alleged 
violations: Street Artist Violation III (category of craft 
is certified, but one or more items displayed does not ap- 
pear to be of artist's own creation); and Street Artist 
Violation V (salesperson selling for street artist). Ms. 
Strong's alleged violation: Street Artist Violation III. 

Mr. Mason and Ms. Strong were heard by the Advisory Committee 
of Street Artists and Craftsmen Examiners on May 22, 1984. 
Mr. Lazar related, from his notes, some of Mr. Mason's 
responses to questions at the hearing: 

1) Mr. Mason has three people who work for him but do 
not work on the items he' sells on the streets. 

2) His workers do not do "completion work" - only the 
preparatory work as cutting the wire, etc. 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - June 19, 1984 Minutes Page 2 



3) His workers do only the items for his wholesale business. 

k) He started hiring people a year before to keep up with the whole- 
sale business. 

5) No one in his company can make his item known as the "ear spiral" 
- the workers could cut the wire and file the ends but could not be able 
to do the actual piece. Mr. Mason himself makes the "ear spiral" for both 
the street business and the wholesale business. 

6) Mr. Mason trained Ms. Strong before any of the other workers 
were hired. 

With regard to the alleged Violation III for both Mr. Mason and Ms. 
Strong, the Advisory Committee found "not enough evidence to support this 
as any violation." With regard to Mr. Mason's alleged Violation V, the 
Advisory Committee found: "(l) photo" (of Ms. Strong's display) "shows a 
violation; (2) Kathryn & Harry do their own work - We find that the actual 
work is not in violation and we recommend that they apply as a family unit." 

Mr. Mason was questioned by the Commissioners and gave the following 
responses: 

1) He has people who work for him, but' they do not make the work he 
sells on the street. 

2) He sells the same type of items wholesale as he does on the street. 

# 

3) He keeps his sales kit of street artist items separate from the 
other merchandise he ships out. 

k) He uses the street to "test" new designs. 

5) For his wholesale business, none of his workers makes the complete 
item; Mr. Mason works on all the items that his workers make for the 
wholesale business, and he alone makes 100% of the items for the street. 

6) Mr. Mason works from 8 a.m. to 9 p.m. and works on the weekends 
as well; he also makes his items at his display on the street. 

7) He was surprised to see his former worker Tom Schioler at the 
Program Committee meeting; Mr. Schioler had worked for him for a year, 
never did completion work, and was let go for undesirable circumstances. 

8) Mr. Mason produces approximately 600 pieces a month. 

The Program Committee heard testimony from Mr. Tom Schioler: 

l) Mr. Schioler worked for Mr. Mason from November, 1982, to the 
end of March, 198^; he polished, cut, bent, and hammered the items. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 3 



2) Mr. Schioler observed that Mr. Mason employed seven workers: 
Schioler, Jonda Miller, Mitzi Hoffweill, Wendy Klein, Harry's mother, 
Michelle Colbert, and a woman named Laura. Mr. Schioler described the 
tasks of each worker on the jewelry items. 

3) Mr. Schioler exclusively made the item called "9c" and Mr. Mason 
had no part in its making. Mr. Schioler cut the wire, bent, filed, 
hammered and polished it. 

^f) Mr. Mason trained Ms. Strong to be able to demonstrate to the 
Advisory Committee that she could put the jewelry together. Mr. Mason 
supplied her with materials for his street sales. 

Mr. Schioler identified, for the Committee, the items he had made, 
as they appeared in Harry Mason's catalogues. He also identified in 
the catalogues the items, he said, made by the other workers. He 
identified the item "9c" which he said he made entirely. He showed the 
Commissioners copies of his last paycheck and records of what he had 
made for Mr. Mason. He also produced a statement which, he claimed, 
Mr. Mason had made him sign to not disclose any information about the 
operation of the business without written consent of Harry Mason Designer 
Jewelry. 

5) Mr. Mason did not separate his street items from his wholesale 
items. 

Mr. Mason told the Commissioners: 

1) Mr. Schioler was doing this out of vindictiveness for being 
fired. 

2) Mr. Schioler had had a drug and alcohol problem. 

3) Mr. Schioler had made the "9c" for him, but Mr. Mason never 
sold this item on the streets because it was too low of a price. 

^f) Out of the entire catalogue, Mr. Schioler had pointed to only 
one item which he had made completely; Mr. Mason had forgotten this 
item beacuase he had not sold it. 

5) Mr. Schioler did not know for a fact that Mr. Mason did not 
separate the street items fifom the wholesale items. 

6) Mr. Mason has three current employees; the maximum number at 
any one time was four. He had neglected to mention his mother because 
she does labels for him and not jewelry work. 

Program Director Lazar submitted to the Commissioners a letter to 
Mr. Schioler from the Division of Occupational Safety and Health, 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page k 



responding to Mr. Schioler's complaint about rouge dust, niobium metal 
ground, at Harry Mason's worksite. The letter mentioned that "Mr. 
Mason claimed that he is not an employer at this time." 

Mr. Mason responded that his workers are "contractors" and not 
"employees," and that the investigator gave him no citation. 

Commissioner Taliaferro stated that Mr. Mason had told the Commit- 
tee he has three or four employees and yet told the State that he has 
none. The Commissioner added that there was not enough information to 
discount Mr. Schioler, nor enough to discount Mr. Mason. 

Street Artist Virginia Burris told the Committee that Mr. Mason is 
always busy making his items while on the street. 

Ms. Strong stated that she was not a salesperson for Mr. Mason, and 
that at the time the Program Director photographed her display, she was 
not selling Mr. Mason's items. The cards she uses (to which her items 
are attached) are like Mr. Mason's; she had picked up some of his cards 
by mistake. 

Commissioner Hanson moved that clarification be obtained from Mr. 
George Mukai, District Supervisor of the Division of Occupational Safety 
and Health, as to his Department's meaning of the word "employer"; that 
the case of Harry Mason and Kathryn Strong be sent back to the Advisory 
Committee for a review of the Advisory Committee's findings; and that 
- if the Advisory Committee is so inclined - Mr. Mason and Ms. Strong be 
screened for verification as* a family unit. The motion was seconded 
by Commissioner Taliaferro and unanimously approved. 

B. Terry Harms . Mr. Lazar informed the Commissioners that on May 11, 198*f, 
shortly before noon, he received a call from an artist at Justin Herman 
Plaza who complained that a street artist had set up an unlicensed 
saleswoman to sell his items at the Plaza. Mr. Lazar went to the Plaza 
and, at 12:30 p.m., photographed a female salesperson make a cash trans- 
action with a customer for a jewelry item. There was a street artist 
certificate on her table; the photo part of the certificate was covered. 
Mr. Lazar found that that it belonged to Terry Harms and told the woman 
to stop selling and to take down the display. She took a half hour to 
remove the items; as she did so, she made another sale which Lazar 
photographed. Photos were t^ken of the merchandise on the table which 
included beads of a "satin" type finish in strands that appeared to be 
commercially manufactured. Several street artist witnesses told Lazar 
that they saw a man deliberately set up the saleswoman with the display 
at about 10:30 a.m., and that he was told by the artists that the 
Plaza was inspected. The incident and its report occurred when the 
previous Arts Commission Violation Code was in effect. Mr. Harms was 
therefore charged in violation of that Code, as follows: Street Artist 
Violation III (category of craft it certified, but one or more items 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 5 



displayed does not appear to be of the artist's own creation); and 
Street Artist Violation V (salesperson selling for street artist). In 
addition, Mr. Harms was charged with violating Section 2^0^ (b) Certificate: 
Transfer , Article 2^.2, Part II, Chapter VIII, San Francisco Municipal 
Code ("Any Street Artist Certificate issued pursuant to the terms of this 
Article cannot be transferred to any other person as defined in Proposition 
'I/."). 

Mr. Lazar requested that this last charge be withdrawn. He also stated 
that Mr. Harms was presently under a six-week suspension of his certificate 
for failing to return his "Request Form for Standard Penalty or Appeal." 
(Street Artist Violation V allows an artist the option of accepting a 
standard penalty as per the Code, or of requesting a hearing before the 
Program Committee. Mr. Harms was notified that his "Request Form" had 
to be returned by June 7th, or the standard penalty would be imposed. 
The Program never received his form. ) 

Mr. Harms was sent notice that he was under suspension. Both the Police 
and the Lottery Committee were notified of this, too. On June l8th, Mr. 
Lazar was informed by members of the Lottery Committee that , on the 
previous day, Mr. Harms obtained a space through the lottery system. 
(Submitted was the lottery sign-in sheet bearing Mr. Harms' name beside 
a street space.) Mr. Harms was now charged with Street Artist Violation 
VIII (participation in the official lottery and/or selling during period 
of certificate suspension). 

Mr. Harms told the Commissioners: 

# 

1) The woman was not selling for him; she was not his employee. (He 
submitted a letter of explanation signed, he said, by the woman.) He had 
removed his items from his table and had left the table with her in order 
to take care of a flat tire on her car. She became discouraged over not 
having gotten to her crafts fair, so she set up her own items on his 
table. Artists at the Plaza asked her who she was. She reached into 
Mr. Harms' suitcase and took out his street artist certificate and placed 
it on the table as a means of verifying that she was saving his space for 
him. . 

2) Some of the items that Mr. Harms purchases from wholesalers he 
sells to other people who, in turn, sell them in craft fairs; the woman 
was such a person. 

The Committee heard from Mr. Dave Burns, owner of Skyline Imports, whose 
shop is in the Jewelry Center at 101 Utah Street. Mr. Lazar submitted 
samples of "satin" type beaded necklaces and other beaded necklaces. 
Mr Burns identified the former type as being sold by another wholesaler 
in the Jewelry Center; he stated that they appeared to be the same type 
as in Photograph fk taken by Mr. Lazar at the time of the incident. 
Mr. Burns identified the other samples of beaded necklaces as his own, 



Continued, 



STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 6 



imported from Greece and sold in his shop. He arranged them in the 
order, he said, in which they appeared in Photos #1, 2, and 3 taken by 
Mr. Lazar. He stated that seven of his necklaces appeared in Photo #1, 
five in Photo #2, and five in Photo #3. He further identified indivi- 
dual strands in the photos as also appearing in his catalogue which he 
showed to the Commissioners. With regard to the "satin" type beads, he 
stated that they are imported from Thailand, and that he knows other 
merchants who sell them. 

Mr. Burns identified copies of Skyline Imports invoices dating from 
December 7, 1983 to June 1, 198^, bearing the name "Terry Harms," and 
listing the items and quantities purchased. Mr. Burns identified 
particular items listed as appearing in the photographs. (It was noted 
that two types of items sold to Mr. Harms on May 1st appeared, according 
to Mr. Burns, in the photos taken ten days later.) 

Mr. Burns testified that Mr. Harms had told him he was a street artist. 
Through various conversations in which Mr. Harms requested that clasps 
and other features of Burns' necklaces be changed, Mr. Burns got the 
impression that Mr. Harms was selling the items on the street. Mr. Burns 
has other street artist customers who typically look for loose beads or 
broken strands out of which to make their own items. He said it was 
conceivable that some of his customers sell in fairs; he felt, however, 
that this was not typical. 

Mr. Harms told the Committee that Burns' items are never on his display, 
and he said the Advisory Committee could verify this. Advisory Committee 
member Mark Ankeles stated that in the course of his monitoring duty, he 
has not seen Burns' items nor 'the "satin" type beads on Mr. Harms' table; 
however, he said, each time he has approached the table, Mr. Harms 
shoved a handful of items under the table. 

Mr. Lazar was asked to enumerate the penalties for the three violations. 
They are suspensions of six weeks for S.A.V. Ill, six weeks for S.A.V. V, 

and one year for S.A.V. VIII. 

Commissioner Taliaferro informed Mr. Harms of his right to appeal to the 
Arts Commission, the Board of Permit Appeals, and the court. 

Commissioner Hanson moved that Mr. Harms be found in violation of the 
Arts Commission's Street Artist Violation Code adopted January 7» 1980, 
Street Artist Violations III^ V, and VIII, that Mr. Harms' certificate 
be suspended for a period of one year, and that the two six-week suspensions 
relative to S.A.V. Ill an V run concurrently with the one-year suspension. 
The motion was seconded by Commissioner Taliaferro and unanimously approved. 

9 

II REQUEST BY STAFF FOR ADVISORY COMMITTEE COMPENSATION FOR STUDIO VISITS AND 
OTHER FUNCTIONS DEEMED APPROPRIATE BY THE ARTS COMMISSION 

Mr. Lazar explained that, at present, the Advisory Committee receives $35 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - June 19, 198^ Minutes Page 7 



per member for each meeting held. Legislation was necessary to compensate 
the Committee for studio visits and other duties, as the weekend monitoring 
duty. He proposed that the same rate of compensation be applied. 

Commissioner Hanson moved that legislation be submitted to the Board of 
Supervisors to provide compensation for the Advisory Committee of Street 
Artists and Craftsmen Examiners for studio visits and other functions 
deemed appropriate by the Arts Commission. The motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

Commissioner Taliaferro requested that - if it is possible - the compensation 
be retroactive. 

Ill PROPOSAL FOR LOTTERY SYSTEM 

The Committee heard a proposal from Street Artists Robert and William Clark 
to improve the lottery (space-assignment) system. Mr. William Clark stated 
that the concept of the proposal was to provide a larger number of spaces 
for allocation. Their initial proposal for one lottery for all spaces on 
one day of the week had been revised to a proposal for a lottery on two days 
a week, Monday and Friday. Mr. Clark read from a list of ~^h reasons why he 
felt the proposal offered the artists greater advantages. 

The Committee heard from Street Artists Bennett Weiss, Linda Stark, Virginia 
Burris, and Jill Schlesinger who were not in favor of the proposal, and 
Xavier LeBon who was in favor of it. Some of the objections were that the 
proposed lottery would take too long to run - three to four hours; opportunity 
would be eliminated for certain .groups of artists who could not be present 
on the two lottery days; the proposal was sophisticated and unnecessary; the 
present lottery runs well - the problem is not with the lottery but with the 
"scams" that occur afterward. Many "scams" occur with people signing up for 
two spaces in one day, and in giving away their space. 

The opponents expressed a counter-measure: retain the present system but 
add two types of lottery violations that would receive the penalties of 
the Commission's recently adopted "Hearing Procedure of Street Artist Vio- 
lations; Penalties for Violations": 

Signing in for more than one space on any given day (all 
lotteries included)* (Lottery sign-up sheets will be kept 
by the Arts Commission for a period of six months.) 

9 

Failure to occupy a space for which the artist has signed 
on three separate occasions within a period of two months. 
(Occupying a space means an aartist setting up the working 
display and the artist selling in the space for a minimum 
duration of three hours. In the event of a question of 
occupancy of a space, the Lottery Committee workers shall 
havE available an Arts Commission document slip containing 
spaces for the signatures of three witnesses, to be submit- 
ted as evidence to the Arts Commission. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - June 19, 1984 Minutes Page 8 



The artists asked that these two provisions be adopted now in time for 
summer. 

Commissioner Taliaferro said the two provisions would solve a lot of problems, 
He added that a good number of provisions offered in the Clark Brothers' pro- 
posal were worthy of consideration in modifying the present system. 

Commissioner Hanson moved that the words "on three separate occasions within 
a period of two months" be deleted from the second lottery provision and 
that both provisions be added to the list of violations enumerated in the 
"Hearing Procedure of Street Artist Violations," as follows (as underlined ) : 

" ... There shall be a penalty of two (2) months suspension 
of certificate for a first offense of any of the following 
violations, and there shall be a penalty of revocation of 
certificate for a second offense of any of the following 
violations if the person has been found in violation by the 
Arts Commission within the twelve-month period immediately 
preceding the current offense, and that finding has not been 
overruled by the Board of Permit Appeals: ... 

" ... 8) Signing in for more than one space on any given day 
(all lotteries included). (Lottery sign-up sheets will be 
kept by the Arts Commission for a period of six months.) 

" 9) Failure to occupy a space for which the artist has 
signed. Occupying a space means an artist setting up the 
working display and the artist selling in the space for a 
minimum duration of three hours. In the event of a question 
of occupancy of a space, the Lottery Committee workers shall 
have available an Arts Commission document slip containing 
spaces for the signatures of three witnesses, to be submitted 
as evidence to the Arts Commission. " 

The motion was seconded by Commissioner Taliaferro and unanimously approved. 

IV CORRECTION OF PROGRAM COMMITTEE MINUTES OF MAY 22, 1984 

Commissioner Hanson moved that the May 22, 1984 Minutes of the Street Artists 
Program Committee be corrected as follows: Page 5, last paragraph (under "NEW 
BUSINESS") be replaced with "Commissioner Hanson reported that Supervisor 
Silver suggested exploring using the J. C. Penney Building sidewalk location 
as possible sites for street artists. The Commissioners asked Mr. Lazar to 
investigate the possibilities." The motion was seconded by Commissioner 
Taliaferro and unanimously approved. , 

The meeting adjourned at 5:50 p.m. 

Respectfully submitted: 






Howard Lazar 



City and County of San Francisco 



^ Arts Commission 




,- 



Commissioners 



A70.7S" 

n 
7/3 1 A 4 



Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 



& 3 ? 

Tuesday/ July «fc, 1984 - 



O-.'crO 



p.m. 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ruy Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Main Library- Lurie Room (ground flpoxJ _____ 

Larkin and McAllister Streets L»oGUMENTS ^-Pl. 



San Francisco, California 
.AGENDA 



JUL 2 1984 

SAM l-KMixiUiSCO 
PURI ir ' IPRARY 



CERTIFICATE FEE INCREASE TO PROVIDE FOR TWO STREET ART 
INSPECTORS (CLASS 1840 JUNIOR MANAGEMENT ASSISTANT) 



II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Maria Son and Rang Woo Son - applied January 28, I983. 

B. You Shan Tang - applied June 24, 1982 and was screened 

December 20, 1983; did not obtain certificate. 



Ill REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Geoffrey Kington - Certificate # 2906 expired May 3, 1984; 

his letter-request received by office July 2, 1984. 

B. Keith Donube - Certificate # 2880 expired June 2, 1984; 

his letter-request received by office July 5, 1984. 

C. Nancy Ingwersen - Certificate # 283I expired May 23, 1984; 

her letter-request received by office July 10, 1984. 

D. Armand Frederick - Certificate # 2887 expired June 22, 1984; 

his renewal payment was postmarked July 10, 1984 (one 
day after final grace period day). 

E. Christopher White - Certificate # 2694 expired October 29, 

1983; his letter request received by office July 5i 1984. 



IV HEARING OF LOTTERY COMMITTEE MEMBER RICHARD WASSERMAN: ALLEGED 
FAILURE TO APPEAR TO RUN LOTTERY TWICE DURING ELECTED TERM 
(NOTE: Lottery Rule VII: "INFRINGEMENTS OF GUIDELINES by 
Committee members may result, after a hearing conducted by 
the Art Commission, in dismissal from the Lottery Committee if 
... Committee member fails to appear to run Lottery on his/her 
scheduled day, twice during their elected term.") 



(415) 558-3463 



V NEW BUSINESS # 

45 HYDE STREET - ROOM 310 



SAN FRANCISCO, 94102 



City and County of San Francisco 



r. . L yucT*i 



Arts Commission 




Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 

Jo Hansou 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Dianne Feinstein 
MAYOR 

4 STREET ARTISTS PROGRAM COMMITTEE 

— — — — — — — — — — — — — — — — — 

^ July 31, 198*f 

Main Library - Lurie Room 
Larkin and McAllister Streets 
San Francisco, California 



Claire N. Isaacs 
DIRECTOR 



DOCUMENTS DEPT. 

AUG 2 1984 



SAN FRANCISCO 
\r\ LIBR' r>v 



•"" MINUTES 
Present : Commissioners Taliaferro and Hanson. 
Chairman Taliaferro called the meeting to order at 2:15 p.m. 

I HEARING ON CERTIFICATE FEE INCREASE TO PROVIDE FOR TWO 
STREET ART INSPECTORS 

Program Director Lazar stated that this was his request 
for two additional positions for the Program - Class 18^0 
Junior Management Assistant - and gave his reasons: 

l) The Director required assistance in the management 
of the Program, especially in the area of preparation for 
meetings and in investigative work. 

2) The Program required the establishment of a chain 
of command; while there is a Clerk-Typist handling the 
issuance of certificates, there is no one assisting in the 
enforcement and administrative branches of the Program. 

3) The Program required daily enforcement of its 
rules - especially its lottery rules. There has not been 
a general compliance with the Commission's recently 
adopted lottery regulations; artists are not willing to 
come forward and testify against violators. Two street 
art inspectors would be detailed to attend each lottery, 
obtain the sign-up sheet for spaces, and monitor the 
occupancy of the spaces hour by hour each day in order 

to verify that the spaces are being occupied legitimately. 

The Commissioners asked what the fee would have to be in 
order to provide for the positions. Mr. Lazar stated 
that the positions with their mandatory fringe benefits 
would increase the budget from $48,000 to $9^,505. This 
figure divided by the Program's 600 artists equals 
$157.58 for a yearly certification fee per artist. Mr. 
Lazar proposed that the present fee of $80 a year be 
doubled. 

Mr. Lazar reported that the Advisory Committee of Street 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM QOMMITTEE - 7/3l/8*f Minutes Page 2 



Artists and Craftsmen Examiners said that they would continue in their 
weekend monitoring of the crafts sold on the streets but would reduce 
their time on the streets, as they had never intended this to be a 
permanent duty of theirs. Mr. Lazar estimated that the two new positions, 
once approved by the 'Board- of Supervisors, could be filled by September or 
October. This would provide enough time to train the inspectors for the 
Christmas season. 

Director of Cultural Affairs Claire Isaacs informed the Commissioners 
that the Board of Supervisors' Finance Committee has held these two 
positions in "reserve," anticipating the possible fee increase and the 
filling of the positions. She stated that new positions that come into 
the budget are funded only from the beginning of September and are funded 
for ten months in the first year. Because many departments are also trying 
to fill positions at that time, it may take a little longer, through Civil 
Service, to fill the two inspectors' positions. She said that October 
would be more realistic than September. The Commission would have to 
find out if there is a list and the state of that list. Since many 
departments call for the list at that time, there is always a backlog. 

Commissioner Taliaferro stated that. the Street Artists Program is over 
twelve years old and has never had a certificate fee increase, even though 
the cost of operating the Program has gone up. A fee increase for this 
purpose would certainly be in order. 

Director Isaacs said that she was recommending on the increase in the 
sense that she believed that the work load is such that it is not possible 
for the Program's Director to certify and inspect and also serve at 
various hearings and appeals. ' She added that should the Director, for any 
reason, be unable to attend to any of these functions, the Program would 
be seriously jeopardized. It was highly important that there be assistance. 

Commissioner Hanson moved that the street artist certificate fee be in- 
creased to $l60 a year in order to provide for two positions, Class 18*4-0 
Junior Managemnt Assistant, for the Street Artists Program. The motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

II REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Maria Son and Rang Woo Son - applied January 28, I983. Ms. Sofie Son 

appeared with her parents and spoke to the Commissioners on their behalf. 
She said that she and her parents have sold their items from the Long- 
shoremen's parking lot on Taylor Street for the past five and a half 
years. When they started, their rent for the space was $1^0 a month; 
it then went up tp S250 and $350. Recently, their rent was raised to 
$5^0 with the requirement that a first and last month's rent be paid. 
She said they can no longer afford to rent from the Longshoremen's 
lot, that business is bad, and that her father can no longer work be- 
cause of medical reasons. She was requesting that her parents be given 
priority, above the waiting list of applicants, in the issuance of 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 7/31/84 Minutes Page 3 



street artist certificates. She said they understood the Street 
Artists Program's requirement that the certificateholder makes 
what he sells, and she said her parents presently make almost 
everything they sell: seashell and cocoanut jewelry. She added 
that her parents cannot find another job because they do not speak 
English. 

Commissioner Taliaferro said it would be difficult making a precedent 
for such reasons, that if a precedent were made, there would be no 
way for the Commission to say no to others who wish to be placed at 
the top of the list. Many of the artists, he said, have said that 
they cannot do anything else - some of them, too, come from other 
businesses for health reasons. 

Commissioner Hanson agreed and added that one's sympathies go in one 
direction but the fairness to the Program must be considered. 

Commissioner Hanson moved that the request for priority by Maria 
Son and Rang Woo Son be denied. The motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

Director Isaacs asked the applicants if they had investigated other 
sources to sell their work for them; Ms. Son replied that they had 
but could find no one. Commissioner Taliaferro wished them well 
for the next six months (when it is estimated that they will be 
called for a screening by the Program). 

B. You Shan Tang - applied .June 24, 1982, and was screened December 20, 
1903; did not obtain certificate. Mr. Lazar explained that Mr. Tang, 
like all applicants had had ten working days from the date of his 
screening to obtain his certificate. Commissioner Taliaferro asked 
Mr. Tang why he had waited. Mr. Tang replied that his English is 
not good, that he had not understood the requirement. He had later 
become ill for two months and afterward got a graphic design job. 
Presently he has no job. With his street artist certificate, he 
intends to sketch portraits and sell paintings. 

Commissioner Hanson moved that the request for priority in issuance 
of certificate by You Shan Tang be approved. The motion was seconded 
by Commissioner Taliaferro and unanimously approved. 

Ill REQUESTS BY FORMER CERTIFICATE -HOLDERS FOR PRIORITY IN ISSUANCE OF 
CERTIFICATE 

A. Geoffrey Kington - Certificate #2906 expired May 3, 1984; his letter- 
request was received by the Program office on July 2, 1984. Commis- 
sioner Hanson moved that Mr. Kington's request be approved. The motion 
was seconded by Commissioner Taliaferro and unanimously approved. 

B. Keith Donube - Certificate #2880 expired June 2, 1984; his letter- 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 7/3l/8*f Minutes Page h 



request was received July 5i 198*+. Commissioner Hanson moved that 
Mr. Donube's request be approved. The motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

C. Nancy Ingwersen ' - Certificate #2831 expired May 23» 198^; her letter- 
request received July 10, 198*+. Commissioner Hanson moved that Ms. 
Ingwersen's request be approved. The motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

D. Armand Frederick - Certificate #2887 expired June 22, 198*+; his renewal 
payment was postmarked July 10, 198*+ - one day after his final grace 
period day for renewal. Commissioner Hanson moved that Mr. Frederick's 
request be approved. The motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

E. Christopher White - Certificate #269*+ expired October 29, 1983; his 
letter-request was received July 5i 198*+. Mr. White told the Committee 
that on October 15, 1983 he was committed by the mental health court 
judge to Cordilleras Mental Health Center in Redwood City. He said 
that someone had hit him from behind in Chinatown. He submitted letters 
on his behalf from G. Austin Conkey, M. D. and John Moe, Psychiatric 
Social Worker. He said he was released from the facility on July 3rd, 
and on the 5th he came to the Street Artists Program to request priority 
in obtaining a certificate. He said he felt he would be able to work 
the streets, but would not be up to handling a job of long hours, as 
working in a restaurant. 

Commissioner Hanson moved that Mr. White's request be approved. The 
motion was seconded by Commissioner Taliaferro and unanimously approved. 

Mr. White stated that he would sell only that which he had been approved 
to sell. 

Commissioner Hanson moved that the requirement for a re-screening of 
his work be waived. The motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

IV HEARING ON LOTTERY COMMITTEE MEMBER RICHARD WASSERMAN: ALLEGED FAILURE TO 

APPEAR TO RUN LOTTERY ON TWO OCCASIONS 

Program Director Lazar said he had received word that Mr. Wasserman had 
resigned from the Lottery Committee. The Commissioners requested Mr. 
Lazar to investigate this and - if Mr. Wasserman is still on the Commit- 
tee - to reschedule the hearing for the following month. 

V NEW BUSINESS 

A. Request by Former Certificate-holder Phyllis Marten for Priority in 
Issuance of Certificate - Certificate #2372 expired February 28, 198*+; 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 7/31/84 Minutes Page 5 



Ms. Marten telephoned the office on July 23, 1984 to request priority 
in issuance of certificate. She had been in Hawaii, had suffered a 
mental breakdown, lost her home and her marriage. She told the Com- 
missioners that she had authorized her doctor to send a letter to the 
Program on her behalf. 

Commissioner Taliaferro moved that Ms. Marten's request be approved 
with the stipulation that her certification be processed upon the 
Program's receipt of Ms. Marten's doctor's letter. The motion was 
seconded by Commissioner Hanson and unanimously approved. 

B. Temporary Spaces for Christmas . Street artist Linda Stark requested 
the renewal of the temporary sales spaces for the Christmas season be 
placed on the Program Committee's agenda for August to allow sufficient 
time for action by the Board of Supervisors and the marking of the 
spaces by Public Works. The Commissioner requested that this be placed 
on the agenda. 

C. Lottery System . Street artist William Clark asked when the Program 
Committee would place their lottery proposal back on the agenda. 
Commissioner Taliaferro asked about the present lottery situation. 
Ms. Stark said that the Commission's recently adopted second lottery 
regulation was "falling down" - no one was willing to bear witness to 
anyone else. The Clark Brothers took exception and called for enforce- 
ment of the rule. The problem is that some members of the Lottery 
Committee were not willing to do their job in enforcing the rule. 

Commissioner Hanson moved that the following provision be adopted and 
disseminated: "Any street 'artist who wishes to occupy a space which 
is occupied by another artist who has not signed in for the space may 
file a complaint with any Lottery Committee member or Street Artists 
Program staff, for submittal to the Street Artists Program Committee." 
The motion was seconded by Commissioner Taliaferro and unanimously 
approved. 

Street artist Robert Clark told the Commissioners that Mr. Ron Miller, 
Chairman of the Lottery Committee, is doing an excellent job. He 
requested the Program Committee to let Mr. Taylor know of their ap- 
proval because (according to Mr. Clark) he is considering resigning 
due to pressure from other people in the Program. 

Ms. Stark told the Commissioners that there are many artists of family 
units who believe they can obtain spaces for the other members of their 
units. She asked that the following provision be stated and disseminated: 
"No one may sign in for a space and give it to someone else, including 
family unit members." The Commissioners asked Mr. Lazar to see that 
this be disseminated. 

Commissioner Hanson moved that the meeting be adjourned. The motion 
was seconded by Commissioner Taliaferro and unanimously approved. 
The meeting adjourned at 3:21 p.m. 



Respectfully submitted: 
Howard Lazar " 



City and County of San Francisco 



Arts Commission 




Commissioners 



Roselyne C. Swig 
President 



?/ii/n 



Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



STREET ARTISTS PROGRAM COMMITTEE 



August 21, 1984 

Public Health Building, Room 300 DOCUMENTS DEPT. 

101 Grove Street, San Francisco »■*-, « n .~~ * 

SEP 2 1984 

MINUTES 



Present: Commissioner Hanson. 



SAN FRANCISCO 
PUBLIC « IBRARY 



Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 

Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 

Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



Commissioner Hanson called the meeting to order at 2:07 p.m. 
The Commissioner explained that, with a lack of quorum, she 
would not be able to make recommendations but would indicate 
what her recommendations would be at the Commission meeting. 

I RENEWAL OF TEMPORARY SALES SPACES FOR CHRISTMAS SEASON 
(PROPOSAL FROM STREET ARTISTS ASSOCIATION) 

Program Director Lazar informed the Commissioner that he 
had attended a meeting with Mr. Lloyd Pflueger of the 
Downtown Association, Linda Stark of the Street Artists 
Association, and other artists, on the previous day, and 
agreement had been reached on the following points to 
be submitted for Arts Commission endorsement: 

1) Re- designation of all the temporary downtown area 
selling spaces for street artists, as per the 
previous year's Board of Supervisors Resolution 
960-83, for the period of November 23 - December 
31, 1984. 

2) Designation as permanent (year-round) spaces the 
four temporary spaces at BART Plaza, resulting 
from exemption of Police Code Section 2405(c-ll). 

3) Designation of four temporary spaces on Stockton 
Street, Post to Sutter, west side, near the Hyatt 
Hotel, contingent upon the approval of the Hotel. 

Ms. Stark stated that the designation of the four extra 
spaces as permanent spaces at BART Plaza was much needed, 
as that area is used all year round. 

Mr. Pflueger stated that his organization agreed completely 
with the proposal, and that he himself had recommended the 
extra spaces at BART Plaza, since the reduction of space 
between setups around the BART wall" was not a safety problem. 

Commissioner Hanson thanked the parties for their cooperation 



Continued. 



(415) 558-3463 



45 HYDE STREET - ROOM 310 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 2 



and said she would recommend that the Commission endorse the entire 
proposal. 

II HEARINGS ON ALLEGED VIOLATIONS 

A. Harry Mason and Kathryn Strong . Mr. Lazar stated that he had 
received a letter from Mr. Mason and Ms. Strong requesting post- 
ponement of their hearings due to previously scheduled appoint- 
ments. Mr. Lazar said that he did not feel there was a problem 

in postponing the hearings, for the following reasons: the hearings 
were a continuation of previous hearings which they had attended; 
relatively short notice had been sent to them; and their cases 
were of the previous Violation Code which allowed for presentation 
of satisfactory documentation explaining a first absence from a 
scheduled hearing. Commissioner Hanson said the hearings would 
be continued to the following month. 

B. Mitchell Paradise . (ALLEGED VIOLATION: Display of items not in 
accord with Arts Commission criteria.) Mr. Lazar reported the 
following : 

1) Photographs were taken of Mr. Paradise's display by the 
Advisory Committee members on three occasions - May 25, 
June 16, and July 20, 1984. The photographs (submitted 
as evidence) showed commercially manufactured pendants 
in necklaces and earrings. 

2) On two previous occasions - May 2, 1983 and February 6, 
1984 - the Arts Commission found Mr. Paradise in violation 
for displaying items not in accord with criteria (on the 
first occasion the penalty was suspended; on the second 
occasion, a four-week suspension was imposed in accord 
with the existing Violation Code). 

3) On August 4, 1984, Mr. Paradise was witnessed by the 
Advisory Committee as setting up a table commercially 
manufactured cloisonne pendant earrings and die-cut 
earrings. 

4) On August 18 (three days before this hearing), Mr. 
Paradise was again witnessed by the Committee as dis- 
playing a table "in violation. Brass pendant earrings, 
cloisonne, jade pendants." 

Mr. Paradise stated the following: 

1) Early this summer he was informed that his earrings did 
not meet the criteria; he was subsequently handed a 
sheet of paper which stated what the consequences would 
be. He then stopped selling all pendant necklaces and 
attempted to make his table conform to criteria. There 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 3 



were several times when the Advisory Committee came by 
and made no comment about his table. Those times when 
they did not take a picture he felt that they accepted 
he was in compliance. 

2) He had been involved in a fight against the bead criteria 
and continued to fight long after other people abandoned 
him in the fight. 

3) He found himself with an enormous amount of material to sell 
and therefore continued to sell the items that were seen in 
violation. 

k) On July 20th, the Advisory Committee took photos of his table 
and told him that the items were still in violation. 

5) There are many other items being sold on the street that are 
not too dissimilar from what he is selling; cloisonne and 
enameling are easily identifiable. 

Mr. Paradise showed the Commissioner earrings that he had made, which 
met the criteria, and said he was having success with them and was not 
just displaying pendants. 

Commissioner Hanson stated that she would recommend that Mr. Paradise be 
found in violation for displaying items not in accord with Arts Commission 
criteria and that his certificate.be suspended" for two months (as per the 
present "Hearing Procedure of Violations"). 

C. John Cracas . (ALLEGED VIOLATION: Display of items not of the artist's 
own creation.) Mr. Lazar reported the following: 

1) On July 23i 1984, at 3:00 p.m., he (Lazar) observed a display 
of commercially manufactured cloisonne-type haircombs, jewelry, 
and cigarette-lighter covers, on Jefferson Street, adjacent to 
the display of Gerard Pepper Cracas. There was no one behind 
the cloisonne display. At 3:25 p.m., John Cracas arrived on a 
motorcycle and took charge of the display. At J>: 32 p.m. he 
accepted money from a customer, handed it to his father, Gerard 
Cracas, who made change and handed the amount back to John who, 
in turn, handed the change to the customer. Lazar took a photo 
of the display (submitted as evidence). John covered the display 
at 3:^5 p.m. 

John Cracas stated the following: 

1) On various occasions he has watched the table of Richard Webster 
while Webster takes a break. On this occasion, he drove up on 
his motorcycle and saw that Webster's table was unattended. He 
did not recall making any sales for him. 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 4 



Gerard Pepper Cracas stated the following: 

1) In defense of his son, who is sixteen and just got his 
certificate thirty days prior to the incident, he (Gerard) 
as a father neglected to make sure his son was clear on 
the rules. His son was not clear. 

2) Richard Webster is a friend of John; John was not in any 
position to sell. 

3) Perhaps John ended up doing something inadvertently; he 
(Gerard) did not know his son was making" a sale, as Gerard 
was busy working and made change for him but did not notice 
a sale being made. 

4) If his son is found in violation, the circumstances should 
warrant leniency and consideration in waiving the suspension. 
He should be allowed the benefit of the doubt. 

Commissioner Hanson explored the possibility of John's ignorance of 
the law. Mr. Lazar stated the law governing the Program was simple: 
the certificate-holder makes his own items and sells them himself. 
Furthermore, the entire purpose of the examination of the artist's 
items is to verify that they are of the artist's own creation. 
At his screening, John brought only his drawings to show the Committee; 
he was asked to do a drawing, and he did. He, like all applicants 
for a certificate, signed an application which states "I swear, under 
penalty of perjury, that the art or craft item(s) listed above is 
of my own creation or the creation of my family unit...." He (Lazar) 
would have given John the benefit of" the doubt - that he might be 
watching someone else's display - had John not sold an item off the 
display. 

Commissioner Hanson stated that she would recommend that Mr. John 
Cracas be found in violation for displaying items not of his own 
creation and that his certificate be suspended for two months. 

D. Richard Webster . (ALLEGED VIOLATIONS : (l) Display of items not of 
the artist's own creation; (2) Display of items and/or participation 
in Arts Commission lottery by artist during period of certificate 
suspension.) Mr. Lazar reported the following: 

1) On July 24, 1984, Lazar photographed Mr. Webster's display; 
and on July 29, 1984, Advisory Committee member Mathew 
Porkola photographed Webster's display; the photos (sub- 
mitted as evidence) showed commercially manufactured 
cloisonne-type haircombs, jewelry, and cigarette-lighter 
covers. 

2) On April 4, 1983, the Arts Commission found Mr. Webster in 



Continued. 






STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 5 



violation for displaying items (the same type as in the 
present charge) not of his own creation; the Commission 
suspended the penalty. 

3) On March 5» 1984, the Commission suspended Mr. Webster's 
certificate until his completion of his hearing procedure 
on the charge, again, of displaying items not of his own 
creation. (He was suspended, in accord with the existing 
Violation Code, for failing to appear at his scheduled 
hearings. ) 

4) At the time of the present charged violations (July 24 and 
29, 1984) he was - as he is now - under suspension. 

5) On July 20, 1984, when he came to the Program office to 
renew his certificate, he signed for and received the Arts 
Commission's present "Hearing Procedure of Street Artist 
Violations; Penalties for Violations." 

6) On August 12, 1984, the Advisory Committee again photographed 
Mr. Webster's display; according to the Committee, he was 
"selling cloisonne haircombs & earrings 8c barrettes ob- 
viously not made by artist." 

7) The Program received a letter from Mr. Webster, dated August 
17, 1984, stating that "due to the possible consequences on 
my license, five days is insufficient time for me to gather 
witnesses and discuss legal ramifications with my attorney 
who is on vacation." Prior to his notice of the hearing 
date, Mr. Webster was notified on August 1st of the charges 
and that he would be sent notice of a hearing scheduled in 
August . 

8) On August l8th - one day after the date on Mr. Webster's 
letter - Mr. Webster was observed by the Advisory Committee 
as having an "entire display of fake cloisonne." 

9) The "Hearing Procedure of Street Artist Violations" provides 
that "failure to appear for any violation hearing may result 
in a Program Committee recommendation of the penalty for the 
violation of which the artist has been charged. If this 
recommendation is approved by the Arts Commission, the 
artist may either file- an appeal with the Board of Permit 
Appeals within ten days or request a rehearing with the 
Program Committee within ten days from the date of the 
Commission's resolution." 

Commissioner Hanson stated that she would recommend that Mr. Webster 
be found in violation for (l) displaying items not of his own creation, 
and (2) displaying items and/or participation in Arts Commission lot- 



Continued. 



STREET ARTISTS PROGRAM COMMITTEE - 8/21/84 Minutes Page 6 



tery during period of certificate suspension, and that his certificate 
be suspended for four months (in addition to the present suspension). 

III RELOCATION OF SALES SPACES ON LEAVENWORTH STREET (PROPOSAL FROM PORTRAIT 

ARTISTS) 

Mr. Brian Hopper was present and representing four other portrait artists 
who had signed a letter requesting that two sales spaces which were 
eliminated by a recently placed doorway in the Cannery, be relocated near 
the east entrance to the Cannery. Mr. Lazar informed Commissioner Hanson 
that the proposed relocation was adjacent to a white-zone curb, that the 
Board of Supervisors would have to waive the regulation prohibiting street 
artist displays by white zones, and that he had talked with the Cannery's 
General Manager, Christopher Martin, who said he had no problem with the 
relocation. 

Commissioner Hanson stated that she would recommend that the Commission 
request the Board of Supervisors to exempt the area from the regulation 
prohibiting selling adjacent to a white zone in order for the Department 
of Public Works to relocate street artist spaces #9 and #10 near the 
east entrance of the Cannery, adjacent to a white zone. 

IV REQUEST BY APPLICANT FOR POSTPONEMENT OF SCREENING 

A. Joyce Garvey (applied December 8, 198l; letter requesting postponement 
of screening to July, I985). Commissioner Hanson said she would 
recommend that the Commission approve Ms. Garvey' s request. 

V NEW BUSINESS (REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN 

ISSUANCE OF CERTIFICATE) 

A. Paul Adam (Certificate #2508 expired July 26, 1984). Commissioner 
Hanson said she would recommend that the Commission approve Mr. Adam's 
request. 

B. Janet Silva (Certificate #2962 expired June 27, 1984). Commissioner 
Hanson said she would recommend that the Commission approve Ms. Silva 's 
request. 

C. Chuck Wing Lee (Certificate #2913 expired June 26, 1984). Commissioner 
Hanson said she would recommend that the Commission approve Mr. Lee's 
request. 

* 

Street Artist Robert Clark asked that his forthcoming proposal for a 
new election procedure for the Lottery Committee be placed on the 
agenda of the November meeting of the Street Artists Program Committee. 
He said he would send the Program a letter detailing the proposal. 

The meeting adjourned at 3:23 p.m. 

Respectfully submitted: 



Howard Lazar v 



City and County of San Francisco 



Art Commission 




Memorandum 



Claire N. Isaacs 
DIRECTOR 



DATE: August 22, 1984 

TO: All Commissioners 

FROM: Howard Lazar 

RE: Recommendations of Street Artists Program Committee for Arts Commission 
Meeting of September 5th 



Due to a lack of quorum at the meeting of the Street Artists Program 
Committee on August 21, 1984, the following recommendations will be 
submitted as part of the Committee's report, on the agenda of the 
September 5th Arts Commission meeting: 

1) Approval of proposal from Street Artists Association for 
re-designation of temporary sales spaces for Christmas 
season: 

(a) Re-designation of all temporary downtown selling 
spaces for street artists, as per the previous 
year's Board of Supervisors Resolution 960-83; 
for the period of November 23 - December 31? 1984. 

(b) Designation as permanent (year-round) spaces the 
four temporary spaces at BART Plaza, resulting 
from exemption of Police Code Section 2405(c-ll). 

(c) Designation of four temporary spaces on Stockton 
Street, Post to Sutter, west side, near the Hyatt 
Hotel, contingent upon the approval of the hotel. 

2) Approval of finding: Mitchell Paradise violation of display- 
ing items not in accord with Arts Commission criteria; sus- 
pension of certificate for two months. 

3) Approval of finding: John Cracas violation of displaying items 
not of his own creation; suspension of certificate for two 
months. 

4) Approval of findings: Richard Webster violations of (a) dis- 
playing items not of the artist's own creation, and (b) dis- 
playing items and/or participation in Arts Commission lottery 
by artist during period of certificate suspension; suspension 
of certificate for four months (in addition to present sus- 
pension). 



Continued, 



(415) 558-3463 



45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE RECOMMENDATIONS (8/21/8*f Meeting) Page 2 



5) Approval to request Board of Supervisors to exempt area on 
Leavenworth Street, Beach to Jefferson (west side) from Police 
Code Section 2^05 (c) (8) (l), in order for Department of Public 
Works to relocate street artist spaces #9 and #10 near the 

east entrance of the Cannery, adjacent to white zone. 

6) Approval of. request .by applicant -Joyce Garvey for postponement 
of screening to July, 1985. 

7) Approval of request by former certificate-holder Paul Adam for 
priority in issuance of certificate. 

8) Approval of request by former certificate-holder Janet Silva 
for priority in issuance of certificate. 

9) Approval of request by former certificate-holder Chuck Wing Lee 
for priority in issuance of certificate. 



City and County of San Francisco 



Arts Commission 




Dianne Feinstein 
MAYOR 



Claire N. Isaacs 
DIRECTOR 



olzt/m 



5 STREET ARTISTS PROGRAM COMMITTEE 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



October 23, 198^ 

Main Library - Lurie Room 

Larkin and McAllister Streets.,,.*.-..-,. ^_ 

San Francisco, California "« wsri, 



MINUTES 



NOV 1 1984 

SAN PKANCISCO 
PUBLIC LIBRAPV 



Commissioners Present: Jo Hanson, Ray Taliaferro 

Chairman Taliaferro called the meeting to order at 2:0^ p.m. 

I HEARINGS ON ALLEGED VIOLATIONS 

A. Harry Mason . Commissioner Taliaferro reported that the 
Advisory Committee of Street Artists and Craftsmen Exam- 
iners, at the request of the Program Committee, had met 
that morning to review their findings on Mr. Mason's 
alleged violations and were recommending dismissal of all 
charges, based on a lack of evidence. Commissioner 
Taliaferro moved that the charges against Mr. Mason - of 
allegedly displaying items not of the artist's own creation 
and of allowing a salesperson to sell for him - be dismissed; 
the motion was seconded by Commissioner Hanson and unanimously 
approved. 

B. Kathryn Strong . The Advisory Committee had reviewed their 
findings on Ms. Strong's alleged violation and were recom- 
mending dismissal of the charge. Commissioner Hanson moved 
that the charge against Ms. Strong - of allegedly display- 
ing items not of the artist's own creation - be dismissed; 
the motion was seconded by Commissioner Taliaferro and 
unanimously approved. 



II REQUESTS BY FORMER CERTIFICATE-HOLDERS FOR PRIORITY IN ISSUANCE 
OF CERTIFICATE 

A. Barbara Englebert - Certificate #2721 expired September 9, 
1982; her request for priority was received by the office 
on September 13, 198^. Ms. Englebert was not present. 
The Commissioners read her letter which stated that her 
"sister suddenly passed away in late August" (1982) "and 
I was forced to return to Europe and take care of some 
family 'difficulties for a while." Commissioner Hanson 
moved that Ms. Englebert 's request for priority be disap- 
proved; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 



Continued, 



(415) 568-3463 



46 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 10/23/84 Minutes Page 2 



B. Jeannie Mak - Certificate #2791 expired August 3, 1984; her request 
was received October 9th. Commissioner Hanson moved that Ms. Mak's 
request for priority be approved; the motion was seconded by Com- 
missioner Taliaferro and unanimously approved. 

C. Meredith Nelson - Certificate #2711 expired August 24, 1984; her 
request was received October 11th. Commissioner Hanson moved that 
Ms. Nelson's request for priority be approved; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. 

D. Richard Blue - Certificate #2323 expired October 1, 1984.; his 
telephone call requesting priority was received October l8th. 
Commissioner Hanson moved that Mr. Blue's request for priority 
be approved; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

III REQUESTS BY APPLICANTS FOR PRIORITY IN ISSUANCE OF CERTIFICATE 

A. Joseph Williams - applied November 6, 1978, was notified two years 
later to respond whether he was still interested in obtaining a 
certificate, and responded November 3i 1980 with a request to 
postpone screening. Mr. Williams asked the Program Committee to 
end the postponement. Commissioner Hanson moved that Mr. Williams' 
request for priority be approved; the motion was seconded by Com- 
missioner Taliaferro and unanimously approved. 

B. Viggo Petersen - applied March 14, 1983 and was on the present 
two-year waiting list for a screening. Mr. Petersen presented a 
letter from rehabilitation counselor Ray Nishimura of the Depart- 
ment of Rehabilitation certifying Mr. Petersen's disability. Mr. 
Petersen requested priority in issuance of certificate, on the 
basis of disability. He said that at the time he had applied, he 
had been told that the wait would be a year and a half; now the 
waiting period was two years. Commissioner Taliaferro explained 
the premise of the Commission's "atrition policy" for screening 

- the lack of space to accommodate the number of artists - and added 
that he estimated that forty per cent of the artists had entered 
the Program due to a disability; it would be difficult to grant 
priority for this for Mr. Petersen when it had not been done for 
others. Commissioner Hanson moved that Mr. Peterson's request be 
disapproved; the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

IV HEARING ON RELOCATION OF BEACH STREET SPACES (AT HYDE STREET) 

Commissioner Taliaferro reported that, on the previous Friday, he- 
had, met with Officer Ray West, Stanley Roth of S. F. Pretzel Co., 
and Linda Stark of the Street Artists Association, at the corner 
of Beach and Hyde Streets to see if Ms. Stark's proposal to move the 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 10/23/8** Minutes Page 3 



street artist spaces closer to the corner would work. They had 
concluded thatit would not, due to the potential congestion generated 
by the street peddlers and the street artists. Future proposals, he 
said, may he expected to request an increase in the number of 
Beach Street spaces by reducing the width regulation between the 
present spaces. 

Commissioner Hanson moved to disapprove the proposal from the Street 
Artists Association to relocate the street artist spaces on Beach 
Street (at Hyde); the motion was seconded by Commissioner Taliaferro 
and unanimously approved. 

It was stated that Program Director Lazar would be contacting the 
Department of Public Works to re-mark the present space locations 
and, at the request of all parties, to paint a "demarkation line" 
prohibiting street artists east of the first space. 

NEW BUSINESS 

A. Christmas Spaces . Mr. Lazar reported that, on the previous day, 
the Board of Supervisors unanimously resolved to provide the 
requested temporary spaces for the Christmas selling season 
and also unanimously voted to provide the requested additional 
four permanent spaces at BART Plaza. 

B. Request by Applicant Janet Christian for Postponement of Screening . 
Ms. Christian applied December 31 i 198l and was notified for a 
screening scheduled in September, 198^. Her letter, received on 
October 9th, requested postponement of screening until summer of 
1985. Commissioner Hanson moved that Ms. Christian's request for 
postponement be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

C. Atrition Policy . Mr. Lazar reported that the Program was not 
fully maintaining its "atrition policy" of screening new applicants 
at a monthly rate in accord with the number of people dropping out 
of the Program each month. He stated that, of the number of new 
applicants notified for screening (to replace the same number of 
dropouts), only about half of the newcomers would show, leaving 

a "deficit" in each month's atrition and revenue. This gap has 
largely been filled by the Commission's "re-instating" former 
certificate-holders. Nevertheless, there remained the potential 
for a continuing unfilled atrition quota. The Commissioners directed 
Mr. Lazar to maintain the requirements of the "atrition policy" by 
adding several extra applicants to the atrition quota for each 
screening, and, in the event of a 100% turnout at a screening, to 
subtract the number of extra applicants from the number to be filled 
on the following month. 

Commissioner Hanson moved to adjourn the meeting; the motion was 
seconded by Commissioner Taliaferro and unanimously approved. The 
meeting adjourned at 2:30 p.m. 

Respectfully submitted: 

Howard Lazar' 



City and County of San Francisco 



Arts Commission 




Diuuue Feinstein 
MAYOR 

Ji 1 



* Claire N. Isaacs 
DIRECTOR 



/Wr * 



Commissioners 



Roselyne C. Swig 
President 

Dmitri Vedensky, Jr. 
Vice President 

Vernon Alley 
Timothy Duncan 

William Gaylord 
Jo Hanson 
Robert LaRocca 
Jacqueline Nemerovski 
William Paterson 
Piero Patri 
Peter Rodriguez 
Ray Taliaferro 

Ex Officio Members: 

Presidents of the 
Fine Arts Museums 
Library Commission 
Planning Commission 
Recreation and Park 
Commission 



STREET ARTISTS PROGRAM COMMITTEE 

^ November 20, 198^ 

Main Library - Commission Room 
Larkin and McAllister Streets 
San Francisco, California 

^MINUTES 



DOCUMENTS DEPT. 

NOV 3 1984 

SAN FkANwioJO 
PUBLIC UHKARY 



Present: Commissioners Hanson and Taliaferro. 

Chairman Taliaferro called the meeting to order at 3-07 p.m. 

I REQUESTS BY APPLICANTS FOR POSTPONEMENT OF SCREENING 

A. Coleman F. Fung - Letter received October 22, 198^ from 
Mr. Fung requesting postponement of screening to 
November, 1985. Commissioner Hanson moved that Mr. Fung's 
request be approved; the motion was seconded by Commis- 
sioner Taliaferro and unanimously approved. 

B. Susan A. Barber - Letter received October 27, 198^ from 
Ms. Barber requesting postponement of screening to 
January, I985. Commissioner Hanson moved that Ms. Bar- 
ber's request be approved; the motion was seconded by 
Commissioner Taliaferro and unanimously approved. 

II HEARING ON ALLEGED VIOLATION 

A. Abel Padilla (Certificate #686). (The Program was charging 
Mr. Padilla with the violation of conducting business in 
a disorderly and improper manner, based upon complaints 
submitted to the Program office by the public, of alleged 
verbal abuse, harrassment, and intimidation of the public) 

Commissioner Taliaferro asked Mr. Padilla if he was guilty 
or not guilty. Mr. Padilla responded that he did not 
"feel guilty." He sumitted a letter to the Committee. 
Program Director Lazar was asked to summarize each of the 
complaints. 

Mr. Lazar reviewed the letters and records of telephone 
complaints of eight persons alleging verbal abuse and 
harrassment by Mr. Padilla. These persons included a 
tour bus driver, a waitress and a manager of the Cliff 
House, the Director of the Bayview Opera House, a dis- 
abled person, and personnel of the National Park Service. 
In addition, Mr. Lazar reviewed witness statements given 
to him by three Police officers and an attorney. 



Continued. 



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45 HYDE STREET - ROOM 319 



SAN FRANCISCO, 94102 



STREET ARTISTS PROGRAM COMMITTEE - 11/20/8^ Minutes Page 2 



The Committee questioned Mr, Padilla on his alleged insults to the 
Bayview Opera House Director, the Cliff House waitress, the handicapped 
man, and the black laborer marking the highway. Mr. Padilla responded 
that his English was poor; that he meant no harm in calling a black 
lady "mama" since in his country, Mexico, many women are referred to as 
"mamasita"; that the disabled man uses a loudspeaker to rout people out 
of the handicapped parking zone and that he wants people to feel sorry 
for him; that the black laborer "acted" as if he were joking with Padilla 
and his partner Ms. Burkett; and that people can now interpret the Arts 
Commission's "bluebook" of street artist rules in such a way as to 
"set you up" and "come over and harrass you." 

Mr. Padilla was questioned about his alleged abusive all-day parking- in 
the handicapped zone. He replied that his handicapped card stipulates 
no time limit. 

Ho was questioned about the Police report of complaints from tourists 
whom Padilla would allegedly charge $10 for a belt and buckle and then 
- after paying the ten - would be asked to pay an additional $5 for 
the buckle. To this, Ms. Burkett replied that there was only one 
incident over a belt-buckle situation in which they had to call the 
Police on a customer. She added that the incident with the tour bus 
driver was "a personal matter" and was being handled by their insurance; 
that every citation they ever received was dismissed; and that the Police 
officers who made statements against them were under investigation. 
(She showed letters to the Committee.) She said that Padilla' s first 
comment to a customer is "If you have questions, just ask." Mr. Padilla 
added: "If a person respects my property, I say you are welcome to make 
yourself at home." 

Officer James Bosch, Star 720, told the Committee that as long as he has 
been on his beat, from the first day, he has had to handle complaints 
about Mr. Padilla. He has found it "incredulous" that "two people could 
treat other human beings in a constant heinous manner." He described 
Padilla 's approach to his customers as "abusive and corraling - 'Why 
don't you buy? You're too cheap.' " He stated that both Padilla and 
Burkett each bring their vehicles and occupy both handicapped zones; he 
said that this practice is difficult for the Police to enforce, as the 
DMV has not allowed for "gross abuse and misuse." He said that the 
zones were placed for the safety and convenience of handicapped people 
visiting the Cliff House, and yet these visitors are inconvenienced. 
He said that Padilla 's and Burkett 's attitude toward civil servants 
"is a gross lack of any kind of personal respect," and added that 
Padilla' s comments to the black man "were known to me as '-a lazy civil 
servant.'" He further commented that Padilla and Burkett had called 
certain Police officers of both sexes abusive names; that they "have 
created a large scale Police problem at Richmond Station, the mounted 
Police patrol, and the GGNRA; that they have driven away other artists; 
and that "they have demeaned ... the Art Commission, the artists, and 
the people of San Francisco." 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - ll/20/8*f Minutes Page 3 



Ms. Burkett stated that Officer Bosch had no right to tow Mr. 
Padilla' s truck away, that it was legally parked. She denied the allegation 
that they sold from their truck. She said they do quality work for which 
countless customers come back to see them. 

Commissioner Taliaferro stated that he was concerned with their overall 
cunduct when operating under a permit of the Arts Commission, and that 
in the twelve years of administering the Street Artists Program, the 
Commission has never - until now - had a hearing on disorderly or 
improper conduct, lie said that he was convinced that their business 
has been conducted in an improper manner. 

Commissioner Hanson stated that in view of the volume of complaints 
and the feeling behind them, Padilla and Burkett - whether they are 
right or wrong - are the center of enormous conflict; if they were 
to continue operating, it did not seem that the conflict would stop. 
With respect to the ethnic insults, Commissioner Hanson said that it 
was fact that the Director of the Bayview Opera House and the attorney 
with her had had an unfortunate experience, and that she would not 
suspect either of them as lying. She added that it is common knowledge 
calling a black woman "mama" is insulting ... It demeans the Program 
and it reflects badly on the Commission. If no action were to be taken, 
this would be insulting to the people who made the complaints. She said 
that this pattern of behavior gave little reason to believe there would 
be a change. It is the logic of a suspension that there would be a 
change. 

Officer Bosch stated that he felt a suspension "will feed the fire" and 
that he felt that Padilla and Burkett had "created a bad situation at 
the Cliff House." He said there were other places, like flea markets, 
where they could make a living. 

Commissioner Hanson moved that the certificates of Abel Padilla and 
Kerlene Burkett be revoked; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

Commissioner Taliaferro told Mr. Padilla and Ms. Burkett that it was 
their right to appeal to the full Arts Commission (December 3rd), as 
well as to the Board of Permit Appeals and to court. 

Ill CANDIDATES FOR ADVISORY COMMITTEE MEMBERS 

Commissioner Hanson moved that the following list of candidates, ranked 
in order of preference, be submitted to the Mayor for four positions on 
the Advisory Committee of Street Artists and Craftsmen Examiners; the 
motion was seconded by Commissioner Taliaferro and unanimously approved: 

For the expired term of Betsy Meyers (term expiring Novemver 27th) : 

1. Betsy Meyers (incumbent) - metalsmithing; jewelry. 

2. Stephanie Tsoukalas - photography; leathercraft. 

3. Kelly Wilhelm - textiles; weaving. 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 11/20/84' Minutes Page k 



For the expired term of Sherri Smith (term expiring November 27th) : 

1. Sherri Smith (incumbent) - painting; metalsmithing. 

2. Rudy Martinez Pino - photography. 

3. Jean Schwartz - painting; pottery. 

For the position vacated by Sandra McGinley (term expiring November 27 1 
1983) : 

1. Ed Kyto Rhy Poskus - textiles; weaving; ceramics. 

2. Laura C. Hopkins - weaving; graphics; drawing; painting. 

3. Kathryn McCampbell - photography; painting. 

For the position vacated by Mark Ankeles (art educator member; term 
expiring November 27i 1985) ? ~~ 

1. Frank Baresick - painting; sculpture; ceramics; cast and fabricated 

jewelry. 

2. Falko Strunz - printmaking; lithography. 

3. Haro Kagemoto - printmaking; photography. 

IV PROPOSAL FROM STREET ARTISTS ASSOCIATION FOR "STREET ARTIST LIAISON 

COMMITTEE" ON MATTERS OF PROGRAM BUDGET AND PERSONNEL 

Street Artist Linda Stark, President, Street Artists Association, outlined 
a proposal for a committee of street artists to advise the Program on 
cost-saving measures, personnel hiring, and budget. Such a committee 
would work with Mr. Lazar and would be an avenue through which the 
street artist community would feel itself a part of the operation of the 
Program. Members could be selected by a vote of the artists or by the 
Program office in calling for volunteers. Ms. Stark said that many artists 
had mixed feelings about the fee increase because they feel they do not 
have a direct say in how their money is spent. 

Street Artist William Clark expressed dount that the artists could ever 
be unified. He said he did not understand Ms. Stark's motive, and that 
a new committee would require additional meetings and notices sent by 
the Program. He added that people, choosing to remain independent, would 
be pressured and feel intimidated to express their personal views; however, 
he said, he was not opposed to the proposal. 

Commissioner Hanson said that, as her Committee's time spent on violations 
diminishes, it would be advantageous to spend more time on the Program 
itself, and Ms. Stark's proposal could be one way of being very useful. 
The Commissioner asked Mr. Lazar his views, and he replied that he 
endorsed the concept of the new committee. 

Commissioner Hanson moved that the proposal from the Street Artists 
Association for a Street Artist Liaison Committee on Matters of Program 
Budget and Personnel be approved; the motion was seconded by Commissioner 
Taliaferro and unanimously approved. 

V NEW BUSINESS 

Mr. Lazar referred the Committee to Mr. William Clark's letter-request 

Continued 



STREET ARTISTS PROGRAM COMMITTEE - 11/20/8 V Minutes Page 5 



for a City Attorney opinion on whether the Arts Commission has "summary 
powers to abate a public nuisance by revoking or suspending any Street 
Artist's certificate if that individual operates in a manner that creates 
a public nuisance." Mr. Lazar stated that last spring the City Attorney's 
office had verbally clarified that the Arts Commission is not mandated 
to enforce the Police regulations (as these are part of the Municipal 
Code), and the Commission may defer to the Police for their enforcement. 

Mr. Clark told the Committee that it was his understanding that an agency 
has the right to revoke a licence prior to a public hearing if the 
licensee constitutes a public nuisance, and that a public nuisance is 
defined as any illegal structure on public property. 

Mr. Lazar asked the Committee for permission to write to the City Attorney 
for clarification on these matters. The Committee directed him to do so. 

The meeting adjourned at k:^>0 p.m. 

Respectfully submitted: 



Howard Lazar <r 



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